Helping You With Florida Annulments – The Best Alternative To Divorce

Florida is one of the few states that has no annulment statute. Annulments in Florida are based on the common law – which means that such cases are decided by the court analyzing prior cases. As a result, it is important that you contact me, an annulment lawyer at the Law Office of A. James Mullaney in Jacksonville, if you are considering getting an annulment.

Am I Eligible For An Annulment?

Whether or not you may be eligible to have your marriage annulled depends on your CAPACITY to marry and your CONSENT to marry. The issues raised in an annulment based on “capacity to marry” include:

• Nonage (under 18)
• Consanguinity (family relationship)
• Same sex
• Bigamy (already married)
• Physical Incapacity (impotence)

The issues raised in an annulment based on “consent to marry” include:

• Fraud (e.g., spouse lied about being of a specific religion or lied about their ability to have children)
• Lack of mental capacity (e.g., intoxication)
• Duress (threat of violence)
• Sham (marriage solely for immigration purposes)

Perhaps the most common defense to an annulment is “ratification.” In short, ratification means that after you realize that your marriage could be annulled, you choose to stay in the marriage. For example, suppose a husband and wife are married. The wife required that the husband be of a certain religious faith. Later, she learns that he is not of that specific faith. At that point, she may be able to have her marriage annulled due to the husband’s fraud. However, if she stays in the marriage, the husband could argue that she ratified the marriage. This would likely eliminate the possibility of an annulment.

Informing You Of Your Options, Risks And Rights

Annulments are not as common as divorces in Florida. Also, an annulment can become very complex if you are forced to prove your grounds for an annulment because the other party will not verify your allegations.

There is risk involved in trying to get an annulment. The judge assigned to your case may decide that your case does not meet the requirements to get an annulment. Your case is helped by the fact that you and your spouse might agree to the facts on which the annulment is based. To minimize the risk in your annulment case, I recommend that you try to obtain your spouse’s cooperation prior to filing your case with the clerk.

Make Your Confidential Consultation With A Florida Annulment Lawyer

Please feel free to contact the Law Office of A. James Mullaney if you would like to speak with an annulment lawyer in Jacksonville. Call 904-364-4565 or send me an email today.