How Do I Get an Annulment in Florida?

How Do I Get an Annulment in Florida?

Posted By R. Gregory Colvin, LLC || 20-Apr-2017

An annulment essentially decrees that your marriage is void or never actually happened. Before you can get an annulment though, you’ll need to meet the criteria specified by Florida law. We break down the criteria for you below.

Divorce or Annulment

In some instances, it might be preferable to get a divorce instead of an annulment. In Florida, the laws for annulment have been established by common law decisions. Because a burden of proof is needed to establish an annulment, some parties might seek a divorce even if they have grounds for annulling the marriage. However a void or voidable marriage can be annulled under Florida law. Examples of void marriages include bigamy and new marriages made to someone else already married.

Underage Spouses

Underage marriage can be another reason to get an annulment. Marriage by parties under the age of 18, unless consented to by the minor’s parent or guardian, are forbidden in Florida. If one party discovers the other party was under the age of 18 at the time their marriage, they may seek an annulment. In some cases, the parents of the minor child can seek an annulment too.

Fraud, Duress, & Other Grounds

In order to be valid, both parties must have freely and voluntarily agreed to the marriage. To prove a fraudulent marriage, you must show that you entered the marriage under false or coerced pretenses. Mental incapacity, physical disability, drug or alcohol abuse, and incest can all be grounds for an annulment. Cases surrounding mental incapacity require proof that one spouse became mentally disabled after the marriage.

Petition for Annulment

You will need to file your petition for annulment with your local county court. Background information about your marriage, the reason you’re requesting the annulment, a statement regarding any children arising from the marriage, and documentation of your assets will be needed. The court might require a divorce instead of an annulment if the marriage resulted in children or significant shared assets.

Wondering if you should get a divorce or annulment? Our Orlando divorce lawyer can help decide which option suits your needs. Contact R. Gregory Colvin, LLC to get started today.

Categories: Divorce, Family Law

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