Annulment in Florida
When you want to cancel, erase, obliterate or just make your marriage as though it never existed, an annulment is a legal procedure that does that. In other words, with an annulment, your marriage never existed.
But not everybody can get an annulment. There are specific reasons in the State of Florida that allows for an annulment between two married people. The length of the marriage is not a basis for annulment. Whether or not you consummated the marriage is not always a factor as well.
Basis for Annulment in Florida
In order for a marriage to be annulled, as opposed to dissolved, your marriage must be “void,” which means the marriage was an invalid marriage from the beginning or “voidable,” which means the parties were not able to properly enter into a marriage contract.
Examples of a Void Marriage:
- Bigamy – when a person is already married to another person, they cannot enter into a 2nd contract for marriage.
- Incest – A man may not marry any woman to whom he is related by lineal consanguinity, nor his sister, nor his aunt, nor his niece. A woman may not marry any man to whom she is related by lineal consanguinity, nor her brother, nor her uncle, nor her nephew. Fla. Stat. § 741.21st
- Both people are underage – you must be at least 18 years old to get a marriage license in Florida. There are exceptions. However, to enter into a valid marriage contract you must be old enough to consent.
- One spouse was permanently mentally incapacitated and unable to consent to marriage.
Examples of Voidable Marriages
- Temporary insanity – one spouse was suffering from a serious but temporary mental problem
- Under the influence of intoxicating alcohol or drugs – non compos mentis.
- Fraud or misrepresentation to trick the spouse into marriage.
- Duress – extreme coercion.
- One spouse is underage and entered the marriage without the consent of a parent or guardian.
- The fraud of impotence.
The grounds for an annulment may not be just that the parties have not “consummated” the marriage, there must be something more. However, consummation can cure some voidable marriages. The best example is the couple that went to Vegas, and married. The Wife claims she was drunk, but then latter has sexual relations with her husband. She cannot claim that she was wronged and has waived her claim for an annulment.
Trusted, Knowledgeable and Experienced Divorce Firm to Serve Your Needs
Florida Law on annulment is not easy and has difficult rules and procedures. Do not do it alone. New Horizons Law always offers a free consultation. There is no better way than sitting down face-to-face with a Trusted, Knowledgeable and Experienced Divorce and Family Law Attorney to learn what can be done for you. I am sure you know someone, a friend or family member, that has a horror story regarding their own experience. That is why you should always consult an attorney that practices Divorces and Family Law and nothing else. At New Horizons Law we do not practice criminal law or elder law, or any other type of law. This is a Florida Divorce and Family Law Firm that understands the Family Laws and Procedures, because we handle only family law matters. Our staff will always listen compassionately and attentively to your needs and concerns and provide you with the best advice for your particular case.
Give us a call at 954-623-6445.