To obtain an annulment to your marriage, you have to have solid evidence supporting your position. An annulment essentially acts to erase your marriage. This differs from a divorce which ends a valid marriage. An annulment requires a trial to prove the basis for an annulment.
When can you get an annulment?
In order to get an annulment, your marriage must either be void or it must be voidable.
A marriage is void (and should be annulled) when:
- One spouse is legally married to more than one person (bigamy)
- The couple is closely related by blood or marriage (incest)
- One spouse is mentally incapacitated (unable to consent to marriage)
A marriage is voidable (and may be annulled) when:
- One spouse lacked the mental capacity to consent to the marriage at the time of the ceremony due to a severe mental problem or intoxication
- One spouse misrepresents facts to trick the other into marriage (the misrepresentation must cut the essence of the marital relationship to qualify)
- The marriage is enetered under duress by one or both spouses
- One spouse is underage and got married without the consent of a guardian
- One spouse is impotent and the other spouse did not know
- The marriage is entered as a joke
How to get an annulment in Florida?
If your situation is listed above, you will need to file a petition for annulment. This petition for annulment need to include whether your marriage is void or voidable, and the reason you believe that to be true.
If you have children, the court will still order items such as child custody and child support. However, the court does not get involved in dividing up marital property.
A Florida Annulment is a difficult, complex process to navigate due to the lack of statutory guidance. It is important to have an experienced family law attorney by your side if you are in need of an annulment.
Contact us today for help with your family law needs. You can also book an appointment online!