Annulment of Divorce Decree

General Information

If a divorce is annulled, it is treated as if it never occurred. That is, the parties are restored to their status as husband and wife. The divorce decree is voided along with any Separation Agreement that the parties entered into. KRS 403.040.

Kentucky law allows for the annulment of a divorce decree that was entered in a Kentucky county. It does not matter where the parties now live as long as a Kentucky court issued the divorce decree. Please contact a different law firm about the possibility of annulling a divorce entered in any other state, as our lawyers are only licensed in and familiar with Kentucky law concerning this topic.

Purpose/Necessity

If the parties wish to once again be husband and wife, they could either remarry or annul their divorce. Annulment of divorce may be considered advantageous to remarriage for the following reasons:

1. Annulment of divorce is usually far less expensive and time-consuming than a remarriage, especially where a second wedding would be involved.
2. The parties will be considered married for a longer period (from the original/first marriage date), making it easier to collect social security and other similar benefits.
3. Property awarded to each party at the initial divorce would be considered non-marital property upon a remarriage, but would merely be shared by the parties as marital if the divorce is annulled.

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