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Kansas Annulment and Prohibited Marriage Laws

The institution of marriage is regulated by law. The requirements for what constitutes a legally valid marriage vary from one state to the next. In cases where a marriage is legally invalid, it qualifies for a civil annulment. Some types of marriage are prohibited by law.

Here is an overview of laws in Kansas that are related to civil annulments and prohibited marriages.

Civil Annulments and Prohibited Marriages

States set their own laws related to civil annulments and prohibited marriages. The laws governing either can be unique to where you live. Annulments can invalidate a marriage under certain circumstances. Under other circumstances, laws may completely prohibit certain types of marriage. In Kansas, marriages induced by fraud or misrepresentation, for example, are legally invalid. Under such circumstances, under state law, a court may grant an annulment to recognize that the marriage was never legally valid. By doing so, a court effectively erases a legally invalid marriage as if it never took place.

Annulment Laws in Kansas

The details of Kansas's laws related to civil annulments and prohibited marriages are listed below.

Prohibited Marriages
  • Under Kansas Statutes 23-2503, incestuous marriages are prohibited. Incestuous marriages are defined as marriages between closely related family members. There are exceptions for certain types of cousins that are more distant in their degree of familial relation than first cousins.
  • Under Kansas Statutes 23-2502, common-law marriages are prohibited if either or both of the spouses are under 18 years of age. For more information about common law marriages, consider reviewing FindLaw's "What is a Common Law Marriage?"
  • Under Kansas Statutes 21-5609, bigamous marriages are prohibited. Generally speaking, bigamous marriages are defined as marrying a person while still being married to another person.

Grounds for Annulment

Under Kansas Statutes 23-2702, one may pursue an annulment for a variety of reasons. Examples of those reasons are covered in "Prohibited Marriages." That section of this chart is immediately above.

Time Limits for Obtaining Annulment


Legitimacy of Children

Under common law and public policy, children that are born to legally invalid marriages or marriages that have been annulled are considered legitimate.
Same-Sex Marriage

Civil Annulments and Prohibited Marriages: Other Resources

Marriage is a serious emotional decision that can also have serious legal consequences. You can visit FindLaw's sections on Kansas Family LawAnnulment, and Divorce for additional articles and information on this topic. You can also consult with a Kansas divorce attorney in your area if you would like legal assistance regarding a marriage or annulment matter.

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