Printable Format23-2702. Grounds for annulment. (a) The district court shall grant a decree of annulment of any marriage for either of the following grounds: (1) The marriage is void for any reason; or (2) the contract of marriage is voidable because it was induced by fraud.
(b) The district court may grant a decree of annulment of any marriage if the contract of marriage was induced by mistake of fact, lack of knowledge of a material fact or any other reason justifying recission of a contract of marriage.
History: L. 1963, ch. 303, 60-1602; L. 1982, ch. 152, § 2; January 1, 1983.
Source or Prior Law:
G.S. 1868, ch. 80, §§ 639, 648; L. 1909, ch. 182, §§ 663, 677; R.S. 1923, 60-1501, 60-1515; L. 1931, ch. 228, § 1; L. 1939, ch. 232, § 1; L. 1947, ch. 318, § 1; L. 1951, ch. 347, § 1, 60-1602.
Cross References to Related Sections:
Relief from judgment for fraud of adverse party, see 60-260 (b)(3).
Law Review and Bar Journal References:
"Divorce and Alimony Under the New Code," Dan Hopson, Jr., 12 K.L.R. 27, 29 (1963).
"Artificial Insemination," M. Martin Halley, 69 J.K.M.S. 487 (1968).
Comment concerning alimony termination after a voidable marriage, Myron Hausheer, 12 W.L.J. 391 (1973).
"Is He or Isn't She? Transsexualism: Legal Impediments to Integrate a Product of Medical Definition and Technology," Jeannine S. Haag and Tami L. Sullinger, 21 W.L.J. 342, 350 (1982).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, K.S.A. 60-1501, 60-1515 and the 1961 Supp. thereto.
1. Construed; where parties continued to live together as husband and wife after divorce, valid marriage existed at common law. Cairns v. Richardson, 457 F.2d 1145, 1148.
2. Noted in holding Kansas residency not required for unemancipated pregnant minor to seek waiver of parental notification. In re Doe, 17 Kan. App. 2d 567, 568, 843 P.2d 735 (1992).
3. Although a sham marriage for the purpose of obtaining a green card may violate federal law, the legislature has not expressed its intent to recognize such marriages as void under Kansas law. In re Marriage of Kidane & Araya, 53 Kan. App. 2d 341, 351, 389 P.3d 212 (2017).