An annulment declares a marriage void, meaning the union never legally existed. This process differs from divorce, which ends a valid marriage.
Understanding marriage annulment matters significantly, especially in Florida, where specific legal grounds guide the process. Here is a broad analysis of annulment in the state. This information can enable you to navigate this process if necessary.
Legal Grounds for Annulment
Underage Marriage
Florida law prohibits individuals under 18 from marrying without parental consent and court approval. If a minor marries without meeting these criteria, they possess a solid ground for annulment.
Lack of Consent
If one party does not freely consent to the marriage, this lack of genuine agreement undermines the marriage's validity. Factors contributing to a lack of consent include coercion and fraud.
Coercion involves threats or force exerted upon one party to marry against their will. Fraud occurs when one party deceives the other about critical aspects of the marriage, such as identity or financial status.
Examples could include situations where a person misrepresents their age, wealth, or intentions. Courts take these matters seriously and may decide to annul marriages founded on deceptive practices.
Mental Incapacity
A person must possess the mental ability to understand the nature of marriage to enter into it legally. If one spouse lacked this capacity at the time of marriage, the law may declare the union invalid.
Examples of mental incapacity at the time of the marriage may include mental illness, intellectual disabilities, or impairment due to substance abuse. Courts evaluate a person’s mental state at the time of marriage and may request medical evidence to support claims of incapacity.
Bigamy
Bigamy is the act of marrying someone while still legally married to another. Florida law actively prohibits bigamous marriages.
If someone discovers that their spouse has entered a subsequent marriage without legally terminating the first, they can seek an annulment. Courts will generally annul the second marriage, affirming that it lacks legal standing.
Incest
Incest is the act of marrying a close relative. Florida maintains strict laws surrounding incestuous marriages. These laws disallow unions between siblings, parents and children, and other close relations.
If married parties discover they have such a connection and the marriage does not comply with established legal definitions, they can pursue annulment.
Other Grounds
Florida recognizes other circumstances that could allow an annulment, such as:
- Mutual Mistake of Fact
In this scenario, both parties enter the marriage under a shared misunderstanding. For instance, if both parties believe they are free to marry but discover otherwise, they can annul the marriage. - Physical Incapacity
If one spouse has a physical condition that prevents them from fulfilling marital duties, this may constitute grounds for annulment.
The Annulment Process in Florida
Steps to File for Annulment
First, you must file a petition for annulment with the appropriate circuit court. This petition should outline the grounds for annulment clearly. Then, you must serve the petition to the spouse, adhering to Florida's legal procedures.
Once the court receives the petition, it schedules a hearing where both parties present their cases. The judge then evaluates the evidence and decides whether to grant the annulment.
Required Documentation
Typically, you will need proof of the marriage, such as a marriage certificate. You must also supply evidence supporting your claims for annulment. Such evidence may include witness testimonies or medical records, depending on the situation. The court requires all evidence to be credible and sufficient to establish a legitimate ground for annulment.
Timeline for Annulment Proceedings
The timeline for annulment proceedings may vary based on several factors, including court schedules and the case’s complexity. Generally, annulment can proceed relatively quickly compared to divorce, particularly when both parties consent to the annulment.
However, disagreements or complications in proving grounds may prolong the process. Individuals should prepare for potential delays but maintain communication with legal representatives to ensure timely progress.
If you believe you need an annulment, reach out to Orshan, Spann & Fernandez-Mesa today. We can review and help you move forward, regardless of whether you need an annulment or a standard divorce. You can schedule time with us online or call our office at (305) 853-9161
