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 an annulment lawyer in Jacksonville if you are considering trying to get 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)
- 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 chose to stay in the marriage. For example, suppose a husband and wife 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.
Annulment Lawyer in Jacksonville
Annulments are not common. 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 help 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 spouses cooperation prior to filing your case with the Clerk.
Please feel free to call the office if you would like to speak with an annulment lawyer in Jacksonville, FL.