Florida Annulment Laws
There are two types of annulments of marriages – legal annulments and religious annulments by the Catholic Church or other religious entity. The Florida Family Courts are authorized only to grant legal annulments of marriages in limited circumstances. In Florida, marriages that are either void or voidable may qualify for a legal annulment. A marriage that is void can never be made valid through time or other circumstances. However, a voidable marriage at the inception of the marriage may be cured of the defect and subsequently be deemed a valid marriage. In Florida, legal annulments are common law actions in equity and, as equitable actions, only the innocent spouse may seek a Florida annulment. Grounds for annulment under Florida law include:
- A lack of legal capacity to contract, or a statutory prohibition against the type of marriage in question. These cases usually involve marriage within prohibited degrees of family relationship (incestuous marriages), bigamous marriages (married to more than one person at a time), a prior existing marriage at the time of the current, attempted marriage, or the marriage of a person under the requisite age.
- A lack of mental capacity to contract.
- A lack of actual consent to the contract.
- A consent wrongfully procured by force, duress, fraud, or concealment.
- A lack of physical capacity to consummate the marriage.
There are many reasons why a Florida spouse may consider a legal action for annulment versus divorce litigation. If an annulment is granted, there is no legal basis for the division of marital property or award of alimony. On the other hand, the annulment process can require the parties to testify as to the circumstances of their marriage and grounds for annulment vs. the Florida no-fault divorce process that eliminates any testimony regarding the parties’ marital relationship. Florida divorce laws permit remarriage after divorce or an annulment of the marriage.
Contact our Dade County Legal Annulment Attorneys
Our South Florida annulment lawyers have helped our family law clients end void and voidable marriages. Contact our Miami annulment attorneys at 305-222-7351, or e-mail us to schedule an appointment to discuss your Dade County, Broward County, or Monroe County annulment issue.
Consultations are available in person in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, Galiano Street in Coral Gables, West Country Club Drive in Aventura and Hollywood Boulevard in Hollywood. Appointments are also available by telephone and via Skype internet video chat.
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