Annulmentsare a very misunderstood legal concept because religion and culture have presented inaccurate views about it. This article mainly focuses on the civil annulments which are granted by the church or the member of clergy only.
Divorces and Annulments are very similar in their purpose, and both create determination about marital status. However, the main difference between them is that divorce ends an existing valid marriage, whereas an annulment is simply declaring that the marriage was never actually a marriage. In the eyes of the law, the annulled marriage really never existed.
Florida has very unique laws about this because it doesn’t explicitly address the annulment. However, Florida appellate of the higher-level courts issue the binding decisions about the annulment. These decisions constitute the Florida annulment law. It is also quite unusual and difficult toget an annulment in Florida because of the state laws.
Grounds for an Annulment in Florida
The appellate courts of Florida have identified a number of grounds or reasons for annulling a marriage. It is important to know that Florida makes a distinction between ‘void’ marriages and the ‘voidable’ marriages. Both can be annulled; all void marriages can be annulled but not every voidable marriage can be annulled. In fact, a void marriage can’t be rehabilitated or made legal even when the couple desperately wants it.
The grounds for the annulment are as below:
The marriage is void because it is bigamous, incestuous, the union consists of two partners who are of the same sex, are underage, or because one spouse is mentally incapacitated and is not able to consent to marriage. Although these marriages are void by their nature, it is still advisable to obtain an annulment.
The marriage is voidable because one of the spouses lacks the ability to consent to the marriage, because at the time of the ceremony the spouse was suffering from a serious mental problem, or is under the influence of drugs or alcohol.
The marriage is voidable when one of the spouses has used fraudulent acts or misrepresentations for tricking the other spouse into entering the marriage. Not all the misrepresentations will qualify. For example, when Spouse A lied about a serious disease like tuberculosis,then that lie would not be a basis for annulment.
However, if Spouse A married Spouse B but had no intent of living with Spouse B as a married couple, that could be the basis of an annulment.
Hiring a Florida Lawyer
You can hire a reputed lawyer for the Annulment. It is advisable to get a court order for officially annulling the both a void or voidable marriage. The papers for the annulment can be filed in Florida’s circuit court; aqualified divorce lawyer can make this entire process smooth and fast.