Florida Annulmentis difficult to achieve. The similarity between divorces and annulments lies in the fact that they both make a decision with regards to marital status. However there is a significant difference in the two concepts. While divorce essentially puts an end to a legally existing marriage, annulment only states that the marriage in question, as seen by everyone, never really existed in the eyes of the law.
The state of Florida has laws which do not directly address the concept of annulment. But the higher level courts in Florida have formulated binding laws with regards to annulment, also termed as “precedent”. These rules together make the ‘Annulment law’ in Florida. However it is still complicated and uncommon to opt for an annulment in the state.
Basis for Annulment in Florida
There are a number of reasons or “grounds” identified by the higher courts in Florida that can lead to an annulment of marriage. It is vital to understand that a clear distinction is made by the Florida Annulment Law between “void” and “voidable” marriages. The former refers to those marriages which were considered null in the first place and the latter refers to the marriages were not necessarily null at the start.
It is possible for both types of marriages to be annulled. But the annulment of all void marriages is possible, the same does not hold true for all voidable marriages. Also, a void marriage cannot be legalized or reformed even if desperately wanted by the couple.
Some of the grounds for marriage annulment in Florida are stated below:
- The marriage is termed void when it is bigamous or incestuous; the marriage consists of same sex partners or below age people or when one spouse is mentally disabled on a permanent basis and not capable of consenting marriage. Even though these marriages are void by nature, an annulment is still advisable.
- The marriage is considered voidable when one spouse was incapable of consenting marriage at the ceremony because he/she was suffering from a critical mental disability (on a temporary basis) or was intoxicated by drugs or alcohol.
- The marriage is considered voidable when one spouse makes use of misrepresentation or deceptive acts which tricks the other to enter into marriage. However, not all misrepresentations are considered valid. For instance, if a spouse did not speak the truth about carrying a serious illness such as tuberculosis, it would not be a reason to call for a marriage annulment. If on the other hand, if one Spouse married with no intention of living with his/her married partner as a couple, it could very well qualify as a basis for marriage annulment.
Filing for an official annulment of a voidable marriage requires a court order. The papers need to be filed in the circuit courts in Florida. The Family Law in Florida governs the annulment procedure.
If you have any questions about Florida annulment or would like to speak to us about your options, please contact us at (813) 518-7411. We represent clients during stressful and difficult times in their lives. We are empathetic, responsive, and push for a quick resolution. We look forward to helping you resolve your issue quickly, fairly, and in a way that will help you to return to the stable, predictable life that you deserve.