An annulled marriage is somewhat rare in today's society, but it can
be sought by spouses if the required legal grounds for annulment are present.
The theory behind getting an annulment instead of a divorce, is that the
marriage was never valid to begin with. Marriages that have been annulled
are classified as "void" or "voidable," and are sometimes
called "nullified" marriages. An action for an annulment must
be started within a certain timeframe. This time limit depends on state
laws and the type of marriage entered into.
Although an annulment is different from
divorce, there are some similarities. For example, if children are involved, a
court might award child custody or order the payment of child support
as part of the annulment agreement.
Legal Grounds for an Annulment
The following legal grounds can be used to annul a marriage in Florida:
Underage Spouse: One or both spouses do not meet the legal age to be married
Incest: The spouses are related by blood
Bigamy: One of the spouses has another living husband or wife at the time of marriage
Insanity: One of the spouse is mentally unstable or incapable of understanding the
nature of marriage
Duress: One of the spouse was coerced into the marriage
Impotence: The spouses were unable to or did not have sexual intercourse
Fraud: One of the spouses was deceived into the marriage through misrepresented
Denial of Marital Rights: A spouse refuses to live with the other spouse or have sexual relations
during the marriage
Petition for Annulment
The petition for annulment will need to be filed with your local county
court. To file, you will the following things:
- Background information about your marriage
- The reason you’re requesting the annulment
- A statement regarding any children arising from the marriage
- Documentation of your assets
If the marriage resulted in children or a significant amount of shared
assets, the court might require a divorce instead of an annulment.
Do you need help with your annulment or divorce? Contact our Jacksonville team of family law attorneys
to schedule a free a case consultation today.