I am often asked the question by people seeking a divorce, regarding annulment.
In Florida divorce is the most common way to end a marriage. Annulment of marriage in Florida is a potential way to end a marital relationship with several limitations, as well as a religious process. While divorce acknowledges the legitimacy of the relationship and dissolves it equitably, an annulment of marriage in Florida is applicable only when the marriage was not legitimate or was void from the start.
The most common use of the process of annulment is in the context of a religious annulment.
Some religions prohibit divorce or remarriage, and only allow remarriage after the parties obtain an annulment. This type of annulment is typically pursued through the church.
WHEN CAN YOU PURSUE AN ANNULMENT
In order to pursue an annulment in Florida you must have a marriage that was void or voidable from the beginning. Some valid basis for annulment include;
1. If one of the parties was unable to consent, due to a lack of mental capacity.
2. If the marriage was entered into as a joke, such as a quick marriage in Las Vegas
3. If there was lack of consent for a genuine marital relationship if one or both parties were intoxicated.
4. If physical consummation of a relationship (Sexual relations) is not possible.
5. If either party was defrauded into marrying,
6. If either party was under duress to marry.
WHEN IS ANNULMENT PROBABLY NOT AN OPTION
There are several reasons why you most likely cannot pursue and annulment, which include:
1. If you engage in consensual sexual intercourse with their spouse after finding out about fraud.
2. If you and your spouse have consummated your marriage.
3. If you have continued to cohabit with your spouse after finding out about the issue that makes your marriage void or voidable
WHAT IS THE MOST LIKELY WAY TO END A MARRIAGE IN FLORIDA
The majority of marriages are terminated in Florida by the filing of a petition for dissolution of marriage. In Florida there is no need to prove grounds for divorce, and no waiting period of separation required. All that is required is that you are a Florida resident for six months continuously prior to filing for divorce, and that you allege that the marriage is irretrievably broken and needs to be dissolved. A Florida divorce attorney can assist you in filing the petition for dissolution and the numerous other forms and pleadings that must also be filed. Divorce ultimately requires a hearing before a judge, even if the parties are in complete agreement.
