Kansas Annulment Laws: Grounds, Deadlines and How to File (2026)

A Kansas district court can annul a marriage. Under K.S.A. 23-2702, the court must grant a decree of annulment if the marriage is void for any reason or was induced by fraud, and it may grant one for mistake of fact, lack of knowledge of a material fact, or any other reason that would justify rescinding a contract of marriage.

Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers civil annulment in Kansas under chapter 23 of the Kansas Statutes Annotated, mainly K.S.A. 23-2702 and the related sections of Article 27 (23-2701 to 23-2718), the marriage sections 23-2502, 23-2503, 23-2505 and 23-2508, and the parentage presumption in 23-2208. It does not cover religious annulment, other states' law, inheritance, or, apart from the rule in K.S.A. 23-2713(a) on remarriage before a divorce is final, whether a marriage entered while one spouse was still married to someone else is void or voidable in Kansas. For ending a valid marriage, see Kansas divorce laws.

Can you get an annulment in Kansas?

Yes. Kansas handles annulment in the same part of the statutes as divorce: Article 27 of chapter 23, titled Dissolution of Marriage. K.S.A. 23-2702 splits the grounds into two groups, those where the court must grant the annulment and those where it may.

"(a) The district court shall grant a decree of annulment of any marriage for either of the following grounds: (1) The marriage is void for any reason; or (2) the contract of marriage is voidable because it was induced by fraud."

"(b) The district court may grant a decree of annulment of any marriage if the contract of marriage was induced by mistake of fact, lack of knowledge of a material fact or any other reason justifying recission of a contract of marriage."

The difference matters. Under subsection (a), a spouse who proves the marriage was void, or that fraud induced it, is entitled to the decree. Under subsection (b), the judge has discretion even when the ground is proved. (The statute spells the word "recission.")

Grounds for annulment in Kansas

The table below lists the grounds the Kansas statutes state. The "time limit or bar" column reflects only what the sections of Article 27 say; it does not cover case law.

Void marriages between close relatives

K.S.A. 23-2503 provides: "All marriages between parents and children, including grandparents and grandchildren of any degree, between brothers and sisters of the one half as well as the whole blood, and between uncles and nieces, aunts and nephews, and first cousins, are declared to be incestuous and absolutely void."

Because such a marriage is void, it falls under K.S.A. 23-2702(a)(1), where the court must grant the annulment. For a marriage contracted outside Kansas, K.S.A. 23-2508 provides that a marriage valid by the laws of the place where it was contracted "shall be valid in all courts and places in this state." The Revisor's annotations to 23-2503 and 23-2508 cite In re Estate of Loughmiller, 229 Kan. 584 (1981), for the rule that a first-cousin marriage is valid in Kansas if it was valid where celebrated and is not odious to public policy nor evasive.

Common-law marriages involving someone under 18

K.S.A. 23-2502 provides: "The state of Kansas shall not recognize a common-law marriage contract if either party to the marriage contract is under 18 years of age." The statute says such a contract is not recognized; it does not use the word void. For how common-law marriage works in Kansas generally, see Kansas common-law marriage.

Fraud

Fraud is the one voidable ground in subsection (a). If the contract of marriage "was induced by fraud," the court shall grant the decree (K.S.A. 23-2702(a)(2)). The statute does not define what kind of fraud qualifies, and this page does not cover how Kansas courts have applied the ground.

Mistake, missing material facts and other reasons

Subsection (b) is broader and discretionary. It covers a marriage "induced by mistake of fact, lack of knowledge of a material fact or any other reason justifying recission of a contract of marriage." The court "may" grant the decree on these grounds, so proving one does not guarantee an annulment.

Underage marriage in Kansas

Kansas sets its age rules in the marriage-license statute, K.S.A. 23-2505. Subsection (c) provides that no clerk or judge shall issue a license authorizing the marriage of any person:

"(1) Under the age of 16 years, except that a judge of the district court may, after due investigation, give consent and issue the license authorizing the marriage of a person 15 years of age when the marriage is in the best interest of the person 15 years of age; or (2) who is 16 or 17 years of age without the express consent of such person's father, mother or legal guardian and the consent of the judge ..."

Paragraph (2) then provides that the judge's consent is not required if both the mother and father and any legal guardian (or all then-living parents and any legal guardian) consent, and that a judge of the district court may consent after due investigation when a 16- or 17-year-old applicant's parents are dead and there is no legal guardian.

The statute does not say that a marriage entered in violation of these rules is void. The Revisor of Statutes' annotations to K.S.A. 23-2505 note that a license issued without parents' consent is not grounds for annulment (Browning v. Browning, 89 Kan. 98 (1913)), and that the statute's intent is to prevent, not void, the marriage of a person under 18 without parental consent (State v. Sedlack, 246 Kan. 305 (1990)).

K.S.A. 23-2505, as published by the Revisor of Statutes in 2026, still contains these exceptions, and its history line ends with a 2010 session law. House Bill 2026 in the 2025-2026 session would have required age 18 and removed the exceptions; the Kansas Legislature's bill page lists its status as died.

Is there a deadline to get an annulment in Kansas?

The sections of Article 27 (K.S.A. 23-2701 to 23-2718) do not state a time limit for filing an annulment, and they do not state a bar based on continuing to live together after learning of fraud or a mistake. That is a statement about the statute text only. One section limits voidability in a different way: under K.S.A. 23-2713(a), a marriage contracted by a party before that party's divorce judgment becomes final "shall be voidable until the decree of divorce becomes final."

This page does not cover whether Kansas case law limits when an annulment claim can be brought, or what happens to a claim when a spouse dies. Ask a Kansas lawyer about timing for a specific ground.

How to file for annulment in Kansas

An annulment is filed in the district court (K.S.A. 23-2702(a)). Under K.S.A. 23-2704, the petition must be verified by the petitioner and allege the grounds in the general language of the statute.

The other spouse may answer and, under K.S.A. 23-2705, "may also file a counterclaim for divorce, annulment or separate maintenance." While the case is pending, the court can enter temporary orders under K.S.A. 23-2707(a), including orders restraining the disposal of property, on custody and parenting time, on support, on mediation and on fees.

K.S.A. 23-2703(a) requires that the petitioner or respondent "in an action for divorce" have been an actual resident of Kansas for 60 days before filing. The section is written for divorce; this page does not cover whether courts apply it to annulment. Ask the district court clerk or a Kansas lawyer.

The Kansas Judicial Branch runs a Self-Help Center with divorce forms and checklists; its divorce page has no separate annulment entry. Statewide forms are listed on its Find Court Forms page.

Property, maintenance and children after an annulment

An annulment in Kansas is not limited to declaring the marriage invalid. K.S.A. 23-2711(a) lists what a decree under Article 27 may include:

"(1) An order changing or terminating the parties' marital status by divorce, annulment or separate maintenance; (2) an order making an equitable division of the parties' property as authorized by article 28 ...; (3) an order regarding spousal support as authorized by article 29 ..."

The same subsection lists child support, a parenting plan, a name change and fees.

Property. Under K.S.A. 23-2801(a), marital property vests on commencement of an action "in which a final decree is entered for divorce, separate maintenance, or annulment." The court divides the property under K.S.A. 23-2802, whose factors include the duration of the marriage and dissipation of assets.

Maintenance. Under K.S.A. 23-2902(a), a decree "may award to either party an allowance for future support denominated as maintenance, in an amount the court finds to be fair, just and equitable under all of the circumstances." For how Kansas maintenance works, see Kansas alimony laws.

If the annulment is denied. K.S.A. 23-2706 provides that if a decree of annulment "is denied for lack of grounds, the court shall nevertheless, if application is made by one of the parties, make the orders authorized by articles 28, 29, 30 and 32." Those articles cover property, maintenance, child support and custody.

Children. K.S.A. 23-2208 presumes a man is the father of a child born while he was married to the mother or within 300 days after the marriage ends by a decree of annulment or divorce. It also reaches an "attempted marriage" solemnized in apparent compliance with law, even if void or voidable. For a voidable attempted marriage, the presumption covers a child born during it or within 300 days after a decree of annulment or divorce; for a void one, a child born within 300 days after cohabitation ended. Under K.S.A. 23-2208(b), the presumption may be rebutted only by clear and convincing evidence, by a court decree establishing another man's paternity, or under the rule for conflicting presumptions in subsection (c).

Name. K.S.A. 23-2711(a)(6) lists a name change among the orders an Article 27 decree may contain. The name-restoration section, K.S.A. 23-2716(a), is worded for when "the decree of divorce becomes final."

Premarital agreements. Under K.S.A. 23-2408, "If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result."

Putative spouses

Some states protect a spouse who married in good faith without knowing the marriage was invalid. The Kansas sections cited on this page do not contain a putative-spouse rule, and this page does not cover whether Kansas courts recognize one. The protection these sections do give is the parentage presumption for attempted marriages in K.S.A. 23-2208, described above.

Annulment vs. divorce in Kansas

An annulment rests on a defect in the marriage itself, such as a void marriage or fraud (K.S.A. 23-2702). A divorce ends a valid marriage on one of the grounds in K.S.A. 23-2701: incompatibility, failure to perform a material marital duty or obligation, or incompatibility by reason of mental illness or mental incapacity. See Kansas divorce laws.

A church annulment and a court annulment are separate processes.

Disclaimer: This article provides general legal information about annulment under the Kansas Statutes Annotated, verified on 2026-10-10. It is not legal advice. For advice about a specific marriage, consult a lawyer licensed in Kansas or use the Kansas Judicial Branch Self-Help Center.

Related

• Annulment laws in every state
• Kansas divorce laws
• Kansas common-law marriage
• Kansas marriage and divorce records
• Kansas alimony laws

Last updated: 2026-10-10.

Frequently Asked Questions

What are the grounds for annulment in Kansas?

Under K.S.A. 23-2702(a), a court must annul a marriage that is void for any reason or was induced by fraud. Under 23-2702(b), it may annul one induced by mistake of fact, lack of knowledge of a material fact, or another reason that justifies rescinding a marriage contract.

Is there a time limit for annulment in Kansas?

The sections of Article 27 (K.S.A. 23-2701 to 23-2718) do not state a filing deadline for annulment. This page does not cover whether Kansas case law limits timing, so ask a Kansas lawyer about a specific situation.

Is a first-cousin marriage void in Kansas?

K.S.A. 23-2503 declares marriages between first cousins, along with marriages between closer relatives it lists, incestuous and absolutely void. A void marriage is a mandatory annulment ground under 23-2702(a)(1). For a marriage contracted outside Kansas, K.S.A. 23-2508 generally recognizes a marriage valid where it was contracted, and the Revisor's annotations cite In re Estate of Loughmiller, 229 Kan. 584 (1981), holding a first-cousin marriage valid in Kansas if valid where celebrated and not odious to public policy nor evasive.

Can you annul a marriage in Kansas if someone was under 18?

K.S.A. 23-2505 does not declare an underage marriage void, and the Revisor's annotations note that a license issued without parental consent is not grounds for annulment. Separately, K.S.A. 23-2502 says Kansas shall not recognize a common-law marriage contract if either party is under 18.

Can a judge divide property and order support in a Kansas annulment?

Yes. K.S.A. 23-2711(a) lets an annulment decree include an equitable division of property, maintenance, child support and parenting orders, and 23-2706 requires those orders on a party's application even if the annulment is denied for lack of grounds.

Who is the legal father of a child after an annulment in Kansas?

K.S.A. 23-2208 presumes the husband is the father of a child born during the marriage or within 300 days after an annulment decree, and it extends the presumption to void or voidable attempted marriages. The presumption may be rebutted only by clear and convincing evidence, by a court decree establishing another man's paternity, or under the conflicting-presumptions rule in 23-2208(c).