There are specific grounds that a spouse may claim to seek an annulment under Missouri law. Marriages that may be deemed void or voidable can include situations involving:
Kinship – A marriage may be invalid where there is a familial relationship between the partners, such as a parent marrying their child, a brother marrying a sister, or an aunt or uncle marrying a nephew or niece. The marriage of first cousins may also be considered invalid and qualify for annulment.
Underage – When one or both spouses are under 18 at the time of marriage and do not have their parent’s written consent or the court’s permission, the marriage may be invalid.
Bigamy – Bigamy occurs when one spouse is already legally married to someone when they wed another person. Missouri law does not allow one spouse to be legally marriage to multiple people. Bigamy makes a marriage void.
Lack of Capacity – Spouses must have the mental and physical capacity to consent to marriage. Mental illness, insanity, and mental incompetence may make a marriage void. Sexual impotence resulting in the inability to consummate a marriage may also fall under lack of capacity.
Fraud or Duress – Spouses must willingly enter marriage. Those who marry under threat of violence or duress may seek an annulment. Fraud may also be grounds for annulment when a spouse falsifies or misrepresents vital elements. However, proving fraud can be challenging.
Common Law Marriage – Missouri does not recognize common law marriage. Common law marriages have been considered void by the state since 1921.
While these conditions could void a marriage from its outset, it is still incumbent on one of the spouses to seek the annulment. The state will not discover these conditions on its own, and the marriage will continue to exist until one of the spouses petitions to have it annulled. As such, if you believe your marriage is subject to annulment and you wish to end it, be sure to contact a divorce attorney right away.