While divorce is the most common way to end a marriage in every state, annulment of marriage in Florida 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, the marriage will be recognized as never having existed.
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 Florida 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 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 us. Trying to get your marriage annulled without the help of an attorney can be extremely difficult or impossible. We 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.