Let’s face it, you are getting a divorce because you no longer want to be together perhaps for many reasons. He/She Is not the one you thought you fell in love with, it was an arranged marriage, you were pressed, or maybe you just can’t stand each other anymore and wish you never got married in the first place. As such, you may be wondering if you can erase the marriage altogether.

Under Florida law a marriage ends with a court order, death or through annulment. Annulment is a legal process that says a valid marriage never existed in the first place and thus is void. Some may recognize that a few religions offer marriage annulment for religious reasons but, the State of Florida recognizes annulment only under certain circumstances which must conform via Florida law.

First in order for a marriage to be valid in Florida one has to obtain a license from the State. A license is a formal requirement which details that both parties have entered into the marriage willingly, being sound in mind, and properly. Florida does not recognize common law marriages and if you feel that there may be a defect in your marriage license than you should consult with Orlando Divorce attorney.

Other legal reasons for stating your marriage never existed was because it was entered into under bigamy (spouse is still married to someone else) incestuous (marriage to lineal descendants such as brother, sister, aunt, uncle, niece, nephew) duress, fraud, or legal insanity.

Duress involves lack of free choice and your attorney must show that your free will was overcome. These types of situations are common when you are threatened with death and not just fallen upon hard times and felt compelled to marry. Fraud is an act perpetrated against you that was done knowingly and with intent to deceive. The fraud has to create reliance and the person must have known you would rely on their deceit toward you. A common fraud would be a woman stating that a certain man was the father of her child and the man relied upon that statement to get married to the woman for the sake of the child.

Insanity in Florida deals with appreciation. The individual has to have had the capacity to know that they were getting married, understood what marriage meant, and appreciated what marriage is. This would forbid young child intellect disabilities although being an adult. However, the law does not forbid marriages to persons who are disabled as long as they fit the above awareness. Some typical incapacity cases involve intoxication, under age, or when done as a joke.

If you have further questions on annulment, please contact a family law attorney to discuss if you may be a candidate for annulment.

Visit https://www.jjlawfl.com/





Jacobs Law Firm

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