Legal Question in Family Law in Kansas

can this ''marriage?'' be annulled?

My husband and have been in a

relationship for 5 years and we have been

married for 2 years in July. One key factor,

he was arrested in May 2007. He served 90

days in the county jail and and then was

sentenced to 34 months in prison. We got

married while he was in the county jail

before he was trasported. Everything was

the same for a while (our relationship; how

he treated me) but now I feel like he only

married me to have somebody to ''take care

of him'' while he was incarcerated, not to

love and chraish, until death do us part. I

thought we got married for love. I have

changed my name and my social security

number to his last name. But I feel like I

was a mistake. And this was not what I

agreed to. Yes, I knew he was going to

prison but I didn't think that I was only

going to be used as a cruch. I feel scamed

and I feel like my life has been taken from

me. Can this so called marriage be annulled

or do I have to go through the whole

divorced court situation? I live in kansas

and I know they still annul marriages but I

don't know the stipulations.


Asked on 6/07/09, 10:29 pm

1 Answer from Attorneys
Rian Ankerholz Ankerholz and Smith

Re: can this ''marriage?'' be annulled?

Because you have already been married for two years, and because you knew your fiance was going to prison before you got married, the court will likely specify that you get a divorce instead of an annulment. An annulment requires proof that one party misrepresented material facts that caused the other party to enter into the marriage relationship. Although the facts were not favorable when you entered into the marriage, it does not appear that a misrepresentation took place. In this type of situation, we sometimes file what is know as an alternative pleading, asking for an annulment or, if that fails, for a divorce. Consult an experienced family law attorney.

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Answered on 6/11/09, 10:35 am


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