Legal Separation and Annulment in Kentucky
Whether Kentucky offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: Yes. If one spouse asks for legal separation instead of divorce, the court grants it in that form unless the other spouse objects. KRS 403.140(2), 403.230(1)
| Legal separation | Yes. If one spouse asks for legal separation instead of divorce, the court grants it in that form unless the other spouse objects. No earlier than one year after a legal separation decree, either spouse can ask the court to convert it into a divorce decree. Source: KRS 403.140(2), 403.230(1) |
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| Annulment | Kentucky calls this a declaration of invalidity. Grounds are: a party lacked capacity to consent (mental incapacity or the influence of alcohol or drugs) or was induced by force, duress, or fraud involving the essentials of marriage (must be filed within 90 days of learning the facts); a party cannot consummate the marriage and the other did not know (within 90 days); or the marriage is prohibited by law (within 1 year). Prohibited, void marriages include bigamous marriages, marriages to a person adjudged mentally disabled, marriages not solemnized before an authorized person, and certain marriages of persons under 18. |
Where to get help in Kentucky
More Kentucky divorce & family law
- Getting a Marriage License in Kentucky
- Adopting a Child in Kentucky
- Guardianship of a Child or Adult in Kentucky
- Establishing Paternity in Kentucky
- Changing Your Name in Kentucky
- Child Custody Laws in Kentucky
- How Child Support Is Calculated in Kentucky
- Divorce Records in Kentucky
- Alimony and Spousal Support in Kentucky
- How to File for Divorce in Kentucky
- All Kentucky divorce & family law rules
FAQ
Can you get a legal separation in Kentucky?
Yes. If one spouse asks for legal separation instead of divorce, the court grants it in that form unless the other spouse objects. No earlier than one year after a legal separation decree, either spouse can ask the court to convert it into a divorce decree.
What are the grounds for annulment in Kentucky?
Kentucky calls this a declaration of invalidity. Grounds are: a party lacked capacity to consent (mental incapacity or the influence of alcohol or drugs) or was induced by force, duress, or fraud involving the essentials of marriage (must be filed within 90 days of learning the facts); a party cannot consummate the marriage and the other did not know (within 90 days); or the marriage is prohibited by law (within 1 year). Prohibited, void marriages include bigamous marriages, marriages to a person adjudged mentally disabled, marriages not solemnized before an authorized person, and certain marriages of persons under 18.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.