Annulments in Florida
According to Florida laws, a marriage can be concluded by divorce or annulment. Annulment is legal concept in which a marriage is considered void. If you need to annul your marriage, you must to possess specific measures identified by Florida courts. If you and your husband never lived together, even then court needs a request for an annulment.
Still confused about the differences between divorce and annulment? The main difference is that a divorce concludes an already existing, authorized marriage, and an annulment asserts that what was originally thought to be a valid marriage, was not actually a valid marriage.
In Florida, both “void marriages” and “voidable marriages” can be given an annulment. The key difference is that all void marriages may be annulled, however, not every voidable marriage can be annulled. Let’s have a look at the grounds for annulment in Florida:
- The marriage can be void if it is shown to be bigamous or incestuous. Bigamous is defined as a spouse being married to multiple people, and incestuous is defined as the couple being blood related. Additionally, if the couple is the same sex, or under age, or if a spouse is mentally unwell. Even though these marriages are inherently void, it is still required to get an annulment.
- A marriage can be considered voidable if one person does not have the mental capacity to remain in the marriage. For example, if one spouse is mentally incapacitated, or if at the wedding ceremony, one spouse had a serious but impermanent mental problem, or was influenced by alcohol or drugs.
- A marriage can be considered voidable if one spouse used fraudulent ways to get married. Remember, not all frauds qualify: if one spouse was deceitful about having a disease, that lie would not be a reason for annulment. If Spouse A wed Spouse B, but didn’t have an intent of living with Spouse B as a couple, that could be a reason for annulment.
- If a spouse entered into the marriage only because they were under duress (by forceful or extreme coercion), then marriage is considered voidable.
- If one person is impotent and other person is not aware at the time of the marriage, then marriage can be voidable.
- The marriage can be voidable if one spouse has entered the marriage as a joke.
How to get an annulment in Florida?
You must get an order to annul your voidable marriage. All of the documents and papers must be filed in the court.