Whether you want to invalidate your own marriage or the marriage of a child, it is imperative to understand Kentucky law on the matter. The law has specific guidelines under which a marriage is invalid and the court can rule so. To begin with, according to the Kentucky Legislature, the only people who can request an invalid marriage declaration are you for your own marriage, your spouse or a legal representative.
You must request the judgment within 90 days to one year, depending on the grounds for the request. You have one year if your marriage is illegal under the laws of the state. You have 90 days for the other two grounds.
These grounds include that one of you could not consummate the marriage sexually and the other person did not know about this before the marriage. So, if you marry someone who only after marriage tells you he or she is unable to have intercourse, then this provides grounds to declare the marriage invalid.
The other reason is if one of you could not give consent due to age or mental capacity. This also includes if you were led into marriage due to fraud or by force. Being unable to give consent includes being under the influence of a substance that rendered you unable to have clear thought and control over your actions.
If you have a valid reason for requesting an end to your marriage, you may petition the court. If your marriage is found invalid, it is erased as if it never occurred. If the court cannot invalidate your marriage under one of these grounds, then you may have to get a divorce. This information is for education and is not legal advice.
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