Missouri Petition to Annul Marriage with No Children or Property

State:
Multi-State
Control #:
US-01007BG
Format:
Word; 
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Instant download

Description

An action or proceeding for the annulment of a marriage differs from a divorce proceeding in that a divorce proceeding is instituted to sever a marriage relation admitted to exist, whereas an annulment proceeding is brought for the purpose of declaring judicially that because of some disability or defect that existed at the time of the marriage. In order to be entitled to an annulment of marriage, the plaintiff must allege and prove that the marriage was void or voidable under the laws of the forum state or the state in which the marriage was performed.

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FAQ

Missouri is an equitable distribution state, which means that property will be divided by the court in a manner that is fair to both parties but not necessarily equally. Missouri is also a dual-property state, which means that property can be defined as either marital or nonmarital.

Contrary to what some might believe, an annulment cannot erase a marriage by filing for one within a specific time frame. For instance, a spouse cannot seek an annulment in Missouri within 24 hours of the marriage ? they would still need to demonstrate that one of the above grounds exists to terminate the union.

In Florida, there is no time period after your marriage in which you can get an annulment if your marriage is not working out. If your marriage is not working out and you want to end it, you have to get a dissolution of marriage ? a divorce. An annulment typically involves some type of fraud.

After 90 days have passed from the date the Judgment of Legal Separation was signed by the judge, either party may file a motion with the court to convert the Judgment of Legal Separation into a Judgment of Dissolution of Marriage.

Grounds for Annulment in Missouri The following decrees of relationships between spouses constitute a void marriage: parents and children, grandparents and grandchildren, whole and half-siblings, uncles and nieces, aunts and nephews, and first cousins. This type of marriage can be terminated by an annulment.

Missouri is a modified no-fault state, which means that you do not have to allege any misconduct or fault to dissolve your marriage; however, any marital misconduct can be considered by the Judge in dividing property and awarding maintenance (alimony).

Missouri is a 'no-fault' divorce state. This means that there is no need to give a reason why you are pursuing a divorce in Missouri. The fact you would like one is good enough. During divorce process, one spouse will be required to testify to the fact that the marriage cannot be repaired.

Using adultery as grounds for divorce An affirmation and proof that the marriage is ?irretrievably broken? is sufficient to get a divorce in Missouri. If filing for divorce is because your spouse cheated on you, then it can affect the divorce agreement and may have consequences that can hurt financially.

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Missouri Petition to Annul Marriage with No Children or Property