When a marriage is dissolved, both couples can go their separate ways and start life anew. What stays, however, is the record of the marriage. What can you do if you want any record of the marriage existing removed? This is what is known as an annulment, something which can be granted under very specific situations in the State of Florida. Here is everything you need to know about Florida’s annulment laws.
What Is an Annulment?
A marriage annulment is a court action which ends a marriage. Unlike a divorce, however, an annulment treats a marriage as if it had never even happened. There are two distinct types of annulment: civil and religious. A religious annulment is one which is granted by a religious body, such as the Catholic Church. Under this form of annulment, the formerly married couple were never wed in the eyes of the religious body, or more theoretically in the eyes of God. Religious annulments are not valid in civil courts.
Civil annulments are those which are granted by the state’s government following an application or lawsuit. There are a variety of reasons why a civil annulment may be granted, including:
- One of the spouses was under the age of consent at the time of marriage.
- The spouses are closely related in a manner in which the marriage is illegal.
- One, or both, of the spouses, was under the influences of drugs or alcohol at the time of the marriage.
- One, or both, of the spouses, were mentally incapacitated or suffered from a mental problem while they were legally wed.
- One, or both, of the spouses, were legally wed to another individual at the time of the marriage.
- The wedding was the result of fraudulent acts or threats.
- One of the spouses lied about an important matter, such as an inability to conceive a child.
Getting an Annulment in Florida
While the State of Florida has no statutes on annulments per se, Florida law does have specific outlines for voiding an illegal marriage, which then has the grounds to be annulled. While some marriages are always considered void, such as those between two parties who are already wed to another individual, other marriages have the option of being declared void at the option of either spouse. For example, if a spouse finds out that their partner was impregnated by another man, this may be grounds to void the marriage.
To annul a marriage in Florida, you must be able to satisfy the requirements of the court, as listed above. However, Florida courts will generally acknowledge any annulment request if the marriage was never consummated, or if the married couple never actually resided together.
Contact an Experienced Divorce Attorney Today
If you are considering divorce or annulment, you need to contact an experienced attorney right away. Patrick Cordero has extensive experience in all facets of law, including family and financial law. Call The Law Offices of Patrick L. Cordero for a free consultation today at (305) 445-4855.