Many individuals get the terms annulment and divorce confused. A divorce legally terminates an existing valid marriage, whereas an annulment declares that a marriage never existed. To legally obtain an annulment in Florida, you will need to identify a reason as to why the marriage should be annulled and then back it up with proof. Today, we go over how to get an annulment in the state.
In Florida, there are several grounds, also known as reasons, why you can get an annulment. It is important to note that Florida makes a distinction between void marriages and voidable marriages. A void marriage is invalid from the moment it happened. A voidable marriage is not necessarily considered invalid from the beginning.
Here are the grounds for annulment:
This might happen if one spouse is legally married to another individual.
A marriage cannot happen between two blood related individuals.
The marriage can be annulled because one or both parties were coerced or even forced into it.
If one spouse used fraudulent acts to trick the other into marriage, this would be a ground for annulment.
If one spouse is underage and was married without the consent of a parent or guardian, this would be grounds for an annulment.
If you were unaware of this fact before marriage, you can state impotency as your ground for an annulment.
If one party lacked the capacity to consent to marriage due to a temporary mental issue or the fact that he/she was under the influence of alcohol or drugs, this marriage could be annulled.
If the marriage was a joke or part of a dare, it can be annulled.
It is in your best interests to consult with an experienced lawyer before going through the annulment process to ensure your interests are protected. You will need to get a court order to officially annul a marriage. The first step is to file the appropriate paperwork and prove your marriage is voidable, meaning it was valid but should be nullified based on one of the following grounds listed above.
There is not timeframe to obtain an annulment in Florida. You can file for an annulment at any time; however, it is recommended to do so sooner rather than later.
Annulments in Florida are granted under certain circumstances that can be proven. As such, annulments can be denied if the court finds that there is not sufficient evidence to support your case. It would be beneficial to speak to an attorney about whether your marriage would qualify for an annulment.
The cost for an annulment varies according to the complexity of the case and whether it is contested by one party.
Consult with our office by scheduling a consultation online to discuss the annulment process in more depth.