Missouri Annulment Information
The state of Missouri allows for divorce annulments. Unlike divorce, an annulment is a retroactive termination of a divorce. This means that the divorce, in the eyes of the law, never happened. To qualify for an annulment, a married couple must meet some very specific state requirements.
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Contractual Relationship
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Missouri courts consider marriages a contract, and as such, the laws of contract apply to marriages. Certain contract conditions must be met at the time of the marriage for that marriage to be valid. Either party to a marriage can petition the court to invalidate this contract, although in some cases, no petition is necessary for the marriage to be considered annulled.
Void
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Some marriages are invalid no matter what happens. These are referred to as "void" marriages, and under the eyes of the law, such unions can never exist, whether or not the parties believe them to. In Missouri, void marriages fall into the following categories: any marriage between a parent and a child, marriage between grandparents and grandchildren, marriage between brother and sister including half-blood siblings, marriage between uncles and nieces, aunts and nephews, between first cousins, and with any person who lacks mental capacity to marry. Void marriages are null from the moment they are entered into, and as a matter of law do not exist.
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Voidable
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Unlike a void marriage, a voidable marriage is one that can be annulled, but isn't automatically considered invalid by the court. Any party who is in a voidable marriage can petition the court to declare the marriage void. In Missouri, voidable marriages arise when fraud, error, duress or other imperfect consent are factors that exist at the time of the marriage. For example, if a person is married when they are too young, and thus the law does not recognize their ability to knowingly enter into a contract, the marriage is voidable. However, it can only be annulled if petitioned by the court. If the obstacle is later removed, the marriage may no longer be voidable.
Judicial Determination
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No court order is needed to declare a void marriage annulled, as it is considered nonexistent. The practical effect of this is that anyone in a voidable marriage doesn't need an official decree of annulment. For example, if a couple enters into a voidable marriage, subsequently break up and then one party asks for spousal support, the court will not hear the case.
Removal of Obstacles
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For voidable marriages in Missouri, the marriage may become valid if the impediment that made it voidable is removed. For example, if a couple is married before they are old enough to be married, but continue to live as married until they reach that age, and choose to remain so, the marriage can become valid.
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References
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