Can You Get Your Marriage Annulled In Florida?

Sometimes, people rush to get married only to start regretting it shortly after. Many people incorrectly assume at this point that they can get an annulment and ‘undo’ the decision they made. Florida law does not actually include a section on annulments. However, if you can prove that you have legal grounds for an annulment, you can still obtain one. This is unlike Florida’s no-fault divorce, during which you do not have to prove any grounds. Below, our Brandon family lawyer outlines the grounds for an annulment.

The Marriage is Void

An annulment makes it as though a marriage never happened. Essentially, they void a marriage. In some cases though, the very nature of the marriage may void the union. For example, if a minor was under the age of 18 and did not obtain parental permission, that can void a marriage. Or, if one of the parties was already married at the time of the wedding, that would also void a marriage. Although these types of marriages are not considered legal, it is still recommended that you obtain an annulment to make it official.

Lack of Capacity

People who get married in Florida must have the legal capacity to do so. If one of the parties was under the influence of alcohol or drugs, or they suffered from a mental health issue that affected their capacity, that could provide grounds for an annulment.

Acts of Fraud

Not all acts of fraud are considered proper grounds for annulment, but some do. For example, if your spouse did not tell you that they had cancer before you married them, that is likely not enough to get an annulment. On the other hand, if your spouse did not intend to live with you after the wedding and they did not tell you that, that is an act of fraud that could provide grounds for annulment.

Duress

Marriage is a big commitment and people must enter into the union willingly. When someone coerces someone to get married, uses force, or places another person under duress, that can provide grounds for an annulment. When proving duress, you must show that it was to the extent that it would overcome the mind and will of a person with reasonable mental strength. Duress provides very strong grounds for annulment, but it is also very difficult to prove so it is important to work with a lawyer.

Our Family Lawyer in Brandon Can Help with Your Annulment

If you have gotten married and now want it annulled, the process is more difficult than you might think and you might have to get a divorce instead. Regardless of the process you have to go through, our Brandon family lawyer at Koether Law, P.A. can help you through it so you obtain the best outcome possible. Call us today at 813-347-8193 or fill out our online form to schedule a confidential consultation and to learn more about how we can help with your case.

Resource:

flsenate.gov/Laws/Statutes/2012/0741.0405