Kentucky Revised Statutes

Ky. Rev. Stat. § 403.040 (2026)

Annulment of divorce decree -- Effect

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The court rendering a judgment for divorce may, at any time, annul it on the joint application of the parties, and restore the parties to the condition of husband and wife. The annulment voids the divorce decree and any separation agreement. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 236, sec. 1, effective June 17, 1978. -- Amended 1972 Ky. Acts ch. 345, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2120. Legislative Research Commission Note. This section was amended in a somewhat different form by Acts 1972, ch. 345, sec. 1; it was also repealed by Acts 1972, ch. 182, sec. 29, which thoroughly revised this chapter. An attempt has been made to give effect to the apparent intention of both acts in this compilation.

Notes of Decisions
Cited in 3 cases, 1945–1957 · leading case: Munsey v. Munsey, 303 S.W.2d 257 (Ky. Ct. App. 1957).
Munsey v. Munsey, 303 S.W.2d 257 (Ky. Ct. App. 1957). “Only the failure of the clerk to file the petition and to enter the order, as required by CR 58, prevented its documentation.”
Arnz v. Johnson, 186 S.W.2d 4 (Ky. Ct. App. 1945). “Thus the sole question presented to us for decision is whether the marital status, once severed by a valid decree of absolute divorce entered by a Kentucky Court can 'be restored so as to entitle the divorced wife to share in her divorced husband’s estate, otherwise than by…”
Stephens v. Stephens, 280 S.W.2d 557 (Ky. Ct. App. 1955). · cites it 2× “Their two-week resumption of cohabitation evidently led the trial court to thé conclu-sión that the cruel and inhuman treatment had been condoned.”
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