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.
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:
- Annulment of divorce is usually far less expensive and time-consuming than a remarriage, especially where a second wedding would be involved.
- 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.
- 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.
Frequently Asked Questions
- How difficult is it to annul a divorce decree?
- If the Petition and other documents are properly filed, it is relatively easy to annul a previously-entered divorce decree. By statute, the Court is to construe relevant family law provisions to “strengthen and preserve the integrity of marriage and safeguard family relationships.” KRS 403.110(1). The Court will wish to verify a few matters via the Petition and at a court hearing but is inclined to restore the parties to their former status as husband and wife.
- In which court should the petition to annul the divorce decree be filed?
- Can a single spouse request that the divorce decree be annulled?
- No. Both parties must desire that this be done and the request must be jointly filed. KRS 403.040.
Legal Services Offered and Cost
Annulment of Divorce Decree
Legal fees: $400 flat fee
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