What are the Grounds for Annulment in Florida

As Florida family law attorneys, we’re sometimes asked about annulment as an alternative to divorce. A divorce is when a valid marriage ends. An annulment, on the other hand, means that the marriage was never valid to begin with. Both divorce and annulment have grounds or reasons. The grounds for annulment are considerably different than the grounds for divorce, especially in Florida, a no-fault divorce state. In this article, the Florida divorce lawyers at Cairns Law, P.A. will discuss the grounds for annulment in Florida.

Void marriages in Florida 

Florida law makes it illegal to enter into a marriage if you’re already married. If you do attempt to marry after already getting married, the marriage is considered void because it’s bigamous.

The marriage can also be considered void if it’s incestuous, meaning that the couple was closely related by blood or marriage. In addition, any union that consists of two individuals who are under the age of consent is considered void under Florida law.

If one of the spouses is permanently mentally incapacitated and unable to consent to the marriage, the marriage is also considered void.

Voidable marriages in Florida 

In Florida, a marriage is voidable when one party lacks the ability to consent to the marriage. For example, if, during the ceremony, one spouse was suffering from serious, but temporary, mental health problems, then the marriage would be considered voidable because the spouse couldn’t legally consent.

One spouse is impotent 

If one spouse is unable to have sex and fails to provide this information to the other spouse before their marriage, then the marriage is considered voidable under Florida law.

Fraud or coercion 

Under Florida law, a marriage can be considered voidable because one of the spouses used fraudulent acts or misrepresentations to “trick” the other spouse into entering into the marriage. Not all misrepresentations will qualify for annulment. Qualifying allegations include those that go to the “essence of the relationship.” For example, if one spouse marries another just to obtain a green card, the marriage would be considered voidable.

Duress 

A Florida marriage is considered voidable if one or both spouses only entered into the marriage because they were under some form of duress. Duress can be defined as extreme coercion or even force. The individual applying for the annulment has to prove to the court that they were under duress at the time they consented to the marriage.

One spouse is underage 

If one of the spouses is under the age of consent and did not have permission from their parents to get married at the time of the ceremony, the marriage can be considered voidable.

Talk to a Largo, FL Divorce Lawyer Today 

The Largo divorce lawyers at Cairns Law, P.A. represent the interests of couples who are looking to untie the knot. Call our office today to schedule an appointment, and we can begin discussing your case right away.