Annulment of Marriage
Annulment of Marriage
All documents required to file for Annulment of marriage in the State of Florida. Requirements include:
The grounds for annulment are:
The marriage is void because it's bigamous (a spouse is legally married to more than one person), incestuous (the couple is closely related by blood or marriage), or because one spouse is permanently mentally incapacitated and unable to consent to marriage. Although these marriages are void by their very nature, it's still advisable to obtain an annulment.
The marriage is voidable because one of the spouses lacked the capacity (ability) to consent to marriage because at the time of the ceremony, the spouse was suffering from a serious but temporary mental problem or was under the influence of intoxicating alcohol or drugs.
The marriage is voidable because one of the spouses used fraudulent acts or misrepresentations to trick the other spouse into entering the marriage. Not all misrepresentations will qualify. A qualifying fraud goes to the essence of the marital relationship. For example, if Spouse A lied about having have a serious disease like tuberculosis, that lie wouldn't be a basis for annulment. However, if Spouse A married Spouse B but had no intent to live with Spouse B as a married couple, that could be the basis of an annulment.
The marriage is voidable because one or both spouses only entered into the marriage because they were under duress (defined as extreme coercion or possibly even force).
The marriage is voidable because one spouse is underage and entered the marriage without the consent of a parent or guardian.
The marriage is voidable because one spouse is impotent and the other spouse didn't know it at the time of marriage.
The marriage is voidable because one or both spouses entered into the marriage as a joke.
In Florida, marriages voidable because of fraud can be "ratified" (made valid) by the mere act of sexual consummation after the injured party becomes aware of the fraud, duress, or temporary lack of capacity which led to the marriage. For example, if a spouse entered into marriage while intoxicated but then had sexual relations with the other spouse after "sobering up," the marriage can't be annulled. The reasoning for this is that if the wronged spouse chooses to engage in a sexual relationship while knowing the truth, then the wronged spouse essentially waives any right to complain about the wrongdoing.
