Missouri  |  Family Law

Legal Question

Asked on: 8/23/11, 10:48 pm

If a marriage is less than one year and has resulted in no children is it better to divorce or get an annulment?

1 Answer

Answered on: 8/24/11, 2:03 pm by Shelley Bishop

In Missouri a party can receive an annulment only in very limited circumstances. While it is not impossible to meet those requirements, it is difficult to do so, and most people don't. You would need to consult with an attorney to determine whether your particular circumstances merit an annulment. However, if your marriage is annulled, the children remain "legitimate" and you will need a custody and child support order. Though the court granting the annulment arguably has the authority to issue the custody and support order, the courts generally require you to file a paternity action to obtain the custody and child support order. This will increase your costs. Long story short.....it is usually more practical and less expensive to file for a dissolution of marriage.

This answer is not to be construed as legal advice but rather is educational in nature. The choice of an attorney is an important decision and should not be made based on advertisement alone.

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The Law Office of Shelley L. Bishop 455 S. Sam Barr Drive, Suite 209 Kearney, MO 64060

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