Annulment Versus Divorce
While some prefer annulments for religious reasons , others are looking to avoid property rights they would get in divorce. While Florida does not have annulment statutes, decisions from appellate courts have established precedents that act as a guide. The exception to many of these reasons is if the person seeking annulment is aware of the defects and nevertheless confirms the marriage. In this situation, the complaining party has waved his right to contest the contract and an annulment will not be granted.
A court order is used to officially annul a void marriage. While a void marriage was invalid at inception, it is recommended to obtain a court order to annual one annulling it as well.
The State presumes that marriages are legal and valid. Therefore, those wishing to obtain an annulment face a steep burden of proof for an annulment. Since marriage is considered to be a civil contract, non-disclosure or fraud may be the basis for annulling.
If, at the time the marriage is entered into, either of the parties lacks the requisite mental capacity due to intoxication, drug use or general mental illness, such incapacity may be the grounds for annulling the marriage. A legal proceeding for an annulment is brought in the same way as any other court proceeding, including a divorce.
Where Do I File My Annulment Action?
The action is initiated by filing a petition for annulment and having the pleading served on the respondent spouse. The respondent is required to file an answer to the complaint or petition setting forth any defenses to the action.
An action to annul a marriage may be brought by a party to the purported marriage or by an interested person who has a connection to the parties to the marriage. For example, the parents of an underage child or the guardian of an incompetent person can petition the court for an annulment.
An annulment voids a marriage- it is as if the marriage never existed. If, however, there are minor children born of the relationship, parental responsibilities, including care and support will still be imposed.
COOK v. COOK. | US Law | LII / Legal Information Institute
Generally, each party will be responsible for any individual debts incurred during the marriage. The parties will be jointly liable for any joint debts and will have an equal and divisible interest in any joint assets, including real estate.
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For a free consultation on all of these issues, contact Hoffman, Larin and Agnetti, PA at Because annulments are so drastic, it's difficult to qualify for one. Learn whether you may be able to annul your marriage. Generally, an annulment may be granted if: your spouse was married to someone else when you got married your marriage is incestuous—meaning you married a relative your spouse was of unsound mind at the time you married your marriage consent was obtained by fraud your spouse is impotent, or you or your spouse was under the age of consent at the time you married.
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Questions for Your Attorney What is the timeframe for filing an annulment action in my state? Do the grounds for annulment make any difference in the timeframe for filing? Can I file an annulment action where I currently live even if I plan to move in a few months? Will that affect my annulment proceeding?
Can We Get an Annulment?