Thinking Of Getting An Annulment In Florida?
If you are considering an annulment in Florida, it is important to work with experienced attorneys who can help you understand the legal process and your options. At HAWM Law, we know that each client’s needs are unique. That is why we are committed to representing Central Florida residents with quality and tailored legal representation when they need it most.
What is an Annulment?
The two ways to legally end a marriage are divorce and annulment. The key difference between the two legal processes is that parties can only seek an annulment where the marriage is invalid and never should have existed in the first place. Here are the requirements of a valid marriage in Florida:
- A marriage license issued by a judge or clerk of court, and
- A ceremony with an official or a notary.
Do I Qualify for an Annulment?
There is no Florida statute that spells out the basis for annulments, rather it comes from case law in the state. The following are automatic grounds for receiving an annulment, these are called void marriages:
- Bigamy: One of the spouses is married to two or more people.
- Incest: Spouses are related, for example, the law prohibits cousins from marrying.
- Mental Incapacity: One spouse could not give the proper consent to a marriage because they were not of sound mind in some capacity. For example, one or both spouses were under the influence of illegal drugs at the ceremony and could not legally provide consent to the marriage.