Does my daughter need an annulment ?

UPDATED: Oct 1, 2022

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Does my daughter need an annulment ?

My daughter got her marriage license, had the wedding, but did not ever turn in the marriage license into the state or county. They are now separated it’s been 10 months since wedding Does she need to file for annulment if they never turned in the license?

Asked on April 6, 2018 under Family Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Failing to turn in the license does not mean she was not married--if they applied for and received the license and the marriage was performed by someone with the power to do so (a judge, a licensed clergy person, etc.), they are married even if they failed to then return the license.
Being separated does not undo or terminate a marriage.
So yes, your daughter will need to seek either an annulment or a divorce. Note that there are only limited grounds for an annulment: one of the people was underage at the time of marriage; one person was mentally incompetent at the time of marriage; one person was currently married to someone else; one person lied about something fundamental to marriage, like claiming to be heterosexual when he or she was actually gay. Apart from such basic flaws or invalidities in the marriage which allow annulment, so that it is considered to have never happened, you cannot get an annulment. Incompatibility, abandonment, infidelity or abuse, etc. are not grounds for an annulment. Your daughter will likely have to seek a divorce instead.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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