Understanding Marriage Annulment in Missouri

An annulment is a legal process that declares a marriage invalid from its inception. In Missouri, the Family Court Divisions of the Circuit Courts possess jurisdiction over annulment cases. Unlike divorce, which terminates legal marriages, annulments in Missouri end unions that are invalid under state laws or become voidable due to specific violations of legally contracted marital rules.

Annulments in Missouri treat marriages as if they never existed and return the involved parties to their pre-marriage single status. The process erases the legal records of the marriage, thereby freeing the partners to enter into legal marriages if they choose.

A marriage is invalid or becomes voidable if:

• It is incestuous, or a spouse commits bigamy
• One or both spouses are under 18 years of age
• It involves fraud or misrepresentation
• It is contracted under duress or coercion
• One or both parties cannot legally consent to the union because of mental incapacity or impaired thoughts resulting from drug or alcohol influence.

In Missouri, either party in a marriage can petition for annulment if there are legal grounds. For persons who were mentally incompetent or underage when they married, their parents or legal guardians can file the petition for annulment.

Grounds for Annulment in Missouri

Under Missouri law, a court grants an annulment if legal grounds exist that declare the marriage void or voidable. Chapter 451 of the Missouri Revised Statutes states that a marriage is void if it is incestuous, bigamous, or if one or both spouses are below 18 years of age and lack parental consent for the marriage.

Additionally, a Missouri marriage becomes voidable if:

• Fraud or misrepresentation results in the marriage
• One party coerces or forces the other into the marriage
• An involved party lacks understanding or consent at the time of the marriage contract due to the influence of drugs or alcohol.
• A spouse is permanently unable to consummate the union and does not disclose this at the time of the marriage.

Eligibility Requirements for an Annulment in Missouri

Individuals who seek annulments in Missouri must meet specific legal and procedural eligibility criteria. Missouri requires a petitioner to show that the particular marriage was invalid from the beginning, or that a party to the marriage contravened Missouri's legal marital rules.

Missouri limits who can file petitions for annulments to:

• The parties involved in the marriage
• Parents, legal guardians, or next friends of underage spouses who did not seek consent before a marriage contract, or individuals who were mentally incapacitated at the time of their marriages.

For a marriage to qualify for annulment in Missouri, at least one of the spouses must reside in the state, or the marriage must have occurred in Missouri.

Annulment restores parties involved in an invalid marriage to their single marital status. However, only civil courts can achieve this (civil annulments). Religious annulments by churches and other religious bodies are separate processes that do not change a person's legal marital status.

How to Get a Marriage Annulled in Missouri

In Missouri, a marriage annulment follows a formal process similar to divorce; however, the process aims to terminate an invalid marriage rather than a legally valid union. There are several steps involved in filing an annulment action, including the judge’s declaration of annulment decree. This procedure may vary across Missouri counties, but the sequence is the same as outlined.

• Determine eligibility for annulment - A petition for marriage annulment in Missouri must be on any of the following grounds:
  • Lack of legal capacity. For instance, mental incapacity or intoxication
  • Coercion or duress
  • Fraud or misrepresentation
  • Inability to consummate the marriage
  • Bigamy
  • Incestuous marriage
  • Underage marriage. Depending on the grounds for annulment, the petitioner must be a party to the marriage, a parent or legal guardian, or next friend
• File a petition for annulment in the Circuit Court at the county where either of the spouses resides. The petition should include:
  • The identities of both spouses
  • The date and location of the marriage
  • The specific grounds for annulment
  • Any requests for property division, spousal support, or child custody (if applicable)
• Serve a notice of the annulment action to the other spouse; the respondent has the right to respond
• Wait for the response. Typically, the respondent has 30 days to agree or contest the annulment
• Attend the court hearing if the court schedules any
• If the court finds sufficient legal grounds for annulment, the judge will issue a decree of annulment, which automatically voids the marriage as if it never existed. The court may also rule on matters related to debts, assets, property, and child custody (if applicable).

Required Forms and Documentation for an Annulment in Missouri

Annulment actions in Missouri require forms and documentation. These forms may be obtainable through local county clerk's offices or online through third-party websites. In Missouri, the typical forms for annulments include:

• Petition for Annulment
• Summons/Notice to Respondent
• Affidavit/Proof of Service
• Answer/Response by Respondent
• Affidavits/Supplementary Forms
• Supporting Evidence/Exhibits
• Judgment/Decree of Annulment.

These forms play different roles in the marriage annulment process, from the filing stage to the issuing of the decree of annulment.

Where to File for an Annulment in Missouri

In Missouri, the Family Division of the Circuit Courts handles annulment cases. Individuals who seek to annul marriages in the state must file their petitions in the Circuit Court where either of the spouses lives or the county where the marriage took place.

Missouri Circuit Courts hear annulment cases if they have jurisdiction over the marriage or the parties involved. Non-residents of Missouri can only petition for annulments of marriages that were conducted in the state if the petitioner is asking the court to declare the marriage invalid. A Missouri court cannot annul a marriage that was not contracted in Missouri if the involved parties do not reside in the state.

Annulment Timelines and Waiting Periods in Missouri

Missouri does not have a mandatory time limit for completing annulment of marriage cases. The length of time it takes to complete a marriage annulment in Missouri depends on the complexity of the case, court availability, and whether the annulment is contested. Uncontested annulment actions may take a short period to complete. Once the paperwork is complete, the judge may issue a decree of annulment immediately after reviewing the documents.

In contrast, some contested annulments may take a long period to conclude, in some cases, even longer than some divorce proceedings. Additionally, cases that require substantial evidence, witnesses, or expert testimony to prove the grounds for annulment may take a considerable time to conclude.

Unlike divorce cases, which have a waiting period before they can be finalized after filing, Missouri does not have a statutory waiting period for filing an annulment petition. The state's Circuit Courts focus on legal grounds for annulment and the availability of evidence rather than waiting periods. Nonetheless, the timeframe between an annulment action and its conclusion depends on how quickly the petitioner can prepare the petition, serve the respondent, and the court’s availability to hear the case.

Costs and Court Fees for an Annulment in Missouri

There is no uniform fee for annulment actions in Missouri. The costs for filing annulment petitions in Missouri vary across the state’s counties. In Missouri, the filing fees for annulment typically range between $90.00 and $200.00. However, these costs do not include other expenses such as:

• Attorney fees
• Service of Process costs
• Costs of copying and certification, filing exhibits, and other miscellaneous fees.

Eligible individuals who cannot pay the filing fees for annulment petitions can apply for waivers or reduced fees by submitting Affidavits of Indigency and showing income/assets to justify their waiver requests. Litigants can also reduce costs by representing themselves (self-representation).