Annulment of Marriage in Florida: Understanding the Process and Eligibility
Marriages are expected to last a lifetime, but sometimes, circumstances arise that make it impossible for couples to continue living together. In Florida, couples facing this challenge have several options. They can choose to pursue a divorce, a legal separation, or annulment. While annulments are less common, they offer a way for couples to have their marriage declared invalid by the court, thus, voiding the union entirely. This article explores annulment of marriage in Florida, including eligibility, reasons for annulment, the process, and possible outcomes.
Marriage Annulment in Florida: What is It?
An annulment of marriage in Florida is a legal process for terminating a marital union by declaring it void. Unlike divorce that terminates a valid marriage, annulment nullifies it as if it never existed. In other words, it declares that the marriage was never valid from the start. Annulment is only granted under specific circumstances, and it cannot be a tool to avoid the legal consequences of marriage dissolution.
Eligibility for an Annulment of Marriage in Florida
Not all marriages can be annulled. Florida law provides for specific requirements that must be met for an annulment to be granted. The following criteria are eligible for annulment:
1. Bigamy
If one party was still legally married to another person at the time of the marriage, that marriage is void and qualifies for annulment.
2. Underage
In Florida, marriage is only legal for adults aged 18 and above. Marriages involving people under 18, even with parental consent, are also voidable.
3. Fraud
If one party entered into the marriage under false pretenses or lied about essential elements such as identity or finances, that marriage can be voided.
4. Mental incapacity
Mental incapacity refers to a condition that prevents one party from understanding the nature of the marriage. A marriage can be annulled if one party is incapable of comprehending the arrangement.
5. Duress
Marriages entered into under duress, undue pressure, or threats can be annulled. However, it must be proved that one party was forced into the union.
6. Consanguinity
Marriages between close relatives such as siblings, parents and children, or cousins can be declared void.
7. Incarceration
Marriage can be declared void if one party was incarcerated at the time of the marriage, and the other party was not aware of it.
Reasons for Annulment of Marriage in Florida
Annulment of marriage in Florida can only be granted under specific grounds. As mentioned earlier, annulment declares that the marriage was void ab initio, meaning that it was never valid from the start. Here are the reasons for annulment in Florida:
1. Lack of capacity
One of the parties lacked the capacity to enter into a marriage contract.
2. Bigamy
One of the parties was still legally married to someone else at the time of the marriage.
3. Prohibited relationship
The parties are closely related, such as parent and child, siblings, or other close family members.
4. Fraud or misrepresentation
One of the parties was induced to enter into the marriage based on fraud or misrepresentation.
5. Duress or coercion
One of the parties entered into the marriage under physical or emotional duress or coercion.
6. Underage marriage
One party was younger than 18 years old at the time of the marriage, and the marriage was not approved by a judge or by parental permission.
7. Mental incapacity
One of the parties did not have the mental capacity to understand what they were agreeing to.
The Annulment Process in Florida
Annulment of a marriage in Florida is a legal process that is initiated by filing a petition with the court. The party filing the petition is referred to as the “”petitioner,”” while the other party is called the “”respondent.”” If the annulment is granted, the court will declare the marriage invalid from the start, just as if it had never existed.
Here are the steps of the annulment process in Florida:
1. Filing the Petition
The petitioner files a petition for marriage annulment with the court in the county where one or both of the parties reside. The document should include the pertinent information such as the reason for the annulment and a statement explaining why the marriage is invalid from the start.
2. Service of Process
The petitioner must serve (deliver) a of the petition to the respondent, providing him or her an opportunity to respond and object to the annulment. The respondent must file a response within 20 days of receiving the petition.
3. Discovery
The parties must provide each other with information about themselves, their assets, and debts. Each party may request documents, depositions, or other information needed to prove their case.
4. Hearing
If there is no opposition, the judge may issue an order granting the annulment without a hearing. Otherwise, the parties must attend a hearing before a judge, who will review the evidence and make a ruling.
Possible Outcomes of an Annulment of Marriage in Florida
If an annulment is granted, the marriage will be declared invalid, as if it never existed. This means that neither party has any marital rights or obligations. However, any property or financial issues that arose during the marriage may still need to be resolved, especially if the marriage lasted for any significant period.
In conclusion, annulment of marriage in Florida can be a complex process that requires the assistance of a qualified attorney. While it is not as common as divorce, it offers an option for couples whose marriage was invalid from the start. By understanding the eligibility criteria, grounds for annulment, and the petition process, couples can make an informed decision about whether to pursue an annulment or any other legal remedy.
Guide to Annulment of Marriage in Florida
While divorce is the most common way to end a marriage in every state, annulment of marriage in FL is another way to end a marital relationship. While divorce acknowledges the legitimacy of the relationship and dissolves it equitably, an annulment of marriage in Florida is only done when the marriage itself was non-legitimate and void. After getting an annulment of marriage in FL, the marriage will be recognized as never having existed. This guide will teach you why people might seek an annulment of marriage in Florida, and who qualifies for annulment rather than divorce.
Religious Annulment
Most of the time, people who are having an annulment of marriage in FL are pursuing a religious annulment at the same time as a civil one. Some religious doctrines prohibit divorce or remarriage, and getting an annulment of marriage in Florida can allow one or both parties to marry again even with these doctrines in place.
Reasons for Annulment
Annulment of marriage in FL is only allowed when the marriage was void or voidable at the time of the ceremony. For instance, if one of the parties was unable to consent, due to a lack of mental capacity, an annulment of marriage in Florida may be sought. Marriages entered into as a joke or prank would also qualify for annulment of marriage in FL, due to the lack of consent for a genuine marital relationship. If one or both parties were heavily intoxicated, this may also represent grounds for annulment of marriage in Florida.
In situations where physical consummation of a relationship is not possible, an annulment of marriage in FL may also be granted. People may also wish to seek an annulment of marriage in Florida if they find out that they were defrauded into marrying, or if they were under duress to marry. However, if a person engages in consensual sexual intercourse with their spouse after finding out about the fraud, they will no longer be eligible for annulment of marriage in FL and will be required to seek a dissolution of marriage instead.
Disqualifications From Annulment
Typically, if you and your spouse have consummated your marriage, you will not be allowed to have an annulment of marriage in Florida. The divorce/dissolution process can be relatively simple, and may be much easier than getting an annulment of marriage in FL for most couples. In general, though, if you have continued to cohabit with your spouse after finding out about the issue that makes your marriage void or voidable, you will be unable to seek an annulment of marriage in Florida.
Starting the Annulment Process
Seeking an annulment of marriage in FL can be a complicated process, and you will be required to produce a great deal of evidence for the judge in your case. Because of this, it is a good idea for couples seeking an annulment of marriage in Florida to consult with an attorney who is familiar with annulment laws. Trying to get your marriage annulled without the help of an attorney can be extremely difficult or impossible. A lawyer can tell you whether it is likely that you will be able to obtain an annulment of marriage in FL, or if you should seek a dissolution/divorce instead.
