There is no statute under Florida law for annulments, which means the state does not provide the steps for seeking an annulment, like it does for seeking a divorce. Under Florida law, any marriage that can be voided is one that can be annulled.
How long can you be married and still get an annulment in Florida?
In Florida, there is no time period after your marriage in which you can get an annulment if your marriage is not working out. If your marriage is not working out and you want to end it, you have to get a dissolution of marriage – a divorce. An annulment typically involves some type of fraud.
What qualifies you for an annulment?
Grounds for annulment
You must either show that the marriage was not legally valid i.e. the marriage is ‘void’ or that the marriage is defective i.e. ‘voidable’. Reasons your marriage may not have been legally valid include: You and your spouse are closely related. Either spouse was under 16 at the time of the marriage.
How long can you be married and still get an annulment?
A judge can grant an annulment if the marriage took place within 72 hours after the marriage license was issued. There are a few exceptions to this. The annulment petition must be filed within 30 days of the marriage.
What are the most common grounds for annulment?
An annulment is a court ruling that a marriage was never valid. The most common ground for annulment is fraud and misrepresentation. For example, one person may not have disclosed to the other a prior divorce, a criminal record, an infectious disease, or an inability to engage in sex or have children.
Is an annulment better than a divorce?
Although most couples choose divorce, an annulment is a better option for one or both spouses under certain circumstances. Legal annulments are rare, and the consequences of an annulment differ significantly from the effects of a divorce.
What qualifies you for an annulment in Florida?
Criteria for Annulment in Florida
Lack of, or inability to consent: If you did not have the mental capacity to consent to the marriage, it can be annulled. This includes being under the influence of drugs or alcohol, having a mental disability, or having an illness that caused confusion.
Why would an annulment be denied?
Reasons Your Annulment Request Could Be Denied
You or your spouse were already married to someone else. You or your spouse coerced or forced the other into the marriage. You or your spouse committed fraud when entering into the marriage. … You or your spouse were not old enough to marry.
How do you start an annulment?
The annulment requirements in most states mean you must show one of the following:
- The spouse seeking the annulment must have relied on this fraud or misrepresentation at the time of the marriage.
- A spouse couldn’t consent to the marriage because of mental incapacity, use of drugs, or use of alcohol.
How do annulments work?
Annulment: A legal ruling that erases a marriage by declaring the marriage null and void and that the union was never legally valid. However, even if the marriage is erased, the marriage records remain on file. Note that a religious annulment is not a legal dissolution of a civil marriage.
Is cheating grounds for annulment?
Infidelity is one of the most common reasons for filing a case, but it is not considered a ground for annulment. Infidelity can only be an acceptable basis for legal separation or filing a case for concubinage or adultery.
Do you have to be of sound mind to get married?
To enter into a marriage contract, just like any other contract, both parties must be of sound mind, meaning they must have the mental capacity to make a legal decision. If it can be proved that one party was not of sound mind at the time of the wedding, the marriage can be annulled.