Grounds for Annulment in Florida
Family law attorneys who specialize in divorce are often asked about annulment as an alternative to divorce in the state of Florida. Annulment is considerably different than divorce, especially when it comes to grounds. Florida is a no-fault state when it comes to divorce. One or both parties can claim that the marriage is irretrievably broken and pursue a divorce on those grounds. They don’t need to “blame” the other spouse for causing the breakdown of the marriage. They only need to claim that the marriage isn’t working out.
Annulment, on the other hand, requires that an individual prove specific grounds. Florida only permits annulment on specific grounds. In this article, the Tampa, FL divorce lawyers at Westchase Law, P.A. will discuss the grounds for annulment in Florida.
Ground 1: Void marriages
Under Florida law, you can’t enter into a marriage if you’re already married to someone else. This is considered bigamy under Florida law and it’s illegal. The marriage is considered void because it’s bigamous.
The marriage can also be considered void if it’s incestuous meaning that the couple is closely related by blood or marriage. Further, if the union consists of two individuals who are under the age of consent, then the marriage is considered void. If one of the spouses is permanently mentally incapacitated and unable to consent to the marriage, the marriage is considered void by its very nature.
Ground 2: The marriage is voidable because one spouse lacks the ability to consent
Ground 2 for an annulment in Florida is that the marriage is voidable because one party lacks the ability to consent to marriage. As an example, if, during the ceremony, one spouse was suffering from serious (but temporary) mental health problems or was under the influence of intoxicating drugs, then the marriage can be considered voidable because the spouse couldn’t legally consent.
Ground 3: One spouse is impotent
If one spouse is impotent and did not provide this information to the other spouse prior to the marriage, then the marriage is considered voidable.
Ground 4: Fraud or coercion
A marriage can be considered voidable in Florida because one of the spouses used fraudulent acts or misrepresentation to trick the other spouse into entering the marriage. Not all misrepresentations qualify for an annulment. Allegations that qualify include those that go to the “essence of the marital relationship.” As an example, if one spouse marries another simply to obtain a green card, this would qualify as a voidable marriage.
Ground 5: One spouse is underage
A marriage is voidable if one spouse is underage and did not have the consent of their parents prior to the marriage.
Ground 6: Duress
A marriage is considered voidable if one or both spouses only entered into the marriage because they were under duress. Duress can be defined as extreme coercion, even force. The individual applying for the annulment will have to prove to the court that they were under duress at the time they consented to the marriage. It cannot simply be because you regret it later.
Talk to a Tampa, FL Divorce Lawyer Today
Westchase Law, P.A. represents the interests of Tampa, FL residents who are pursuing either a divorce or an annulment. Call our Tampa family lawyers today to schedule an appointment, and we can begin advising you immediately.
