The Marriage(s) of Alan and Lolita Grayson

Alan Grayson and Lolita Carson married in 1986; it was a second marriage for both. The couple went on to have five children together. In 1990, Lolita Grayson applied for United States citizenship, and Alan Grayson saw her citizenship application before she submitted it. On the application, she listed her marital status as “separated.” More than 20 years later, during the couple’s divorce proceedings, it was revealed that Lolita was still legally married to her first husband at the time that she married Alan Grayson. In 2015, a judge annulled their marriage, declaring it void because of bigamy. In other words, the court declared that the couple had never been legally married because Lolita was legally married to someone else when she and Alan Grayson married each other.

How Is an Annulment Different from a Divorce?

The Graysons’ divorce was complicated for many reasons. In addition to the couple’s acrimonious disputes over their assets, which were valued at approximately $30 million, Lolita accused her husband of physical abuse. The divorce proceedings ended up dragging on for years.

It was the revelation of bigamy that became the deciding factor in the court declaring the couple legally unmarried. According to Florida case law, bigamy is one of the most compelling grounds for annulment; it automatically means that the marriage is void. Florida law distinguishes between a void marriage (one that, legally, never existed) and a voidable marriage (one that is no longer legally valid). In some ways, an annulled marriage is like a divorce, but in some ways, it is different. For the Graysons, it meant that the court did not award alimony to Lolita. If their marriage had been valid, she might have been eligible for permanent alimony, as courts sometimes award permanent alimony in divorces that follow very long marriages. This is notable because the couple had fought bitterly over the division of their property during the divorce proceedings. At the time of the annulment, four of the couple’s five children were still minors.  Therefore, the parents were still financially responsible for them, as any parents, married, previously married, or never married, would be under Florida law.

Contact Alan Burton About Division of Property

Void marriages are an extreme case, but there is great variation when it comes to how Florida courts divide a couple’s property. Contact Alan R. Burton in Boca Raton, Florida about the division of property between you and your ex-spouse.

Marriage

In order for a marriage to be valid, both individuals must be of sound mind, must understand the nature and effects of getting married, and must be mentally capable of agreeing to the marriage. Simply because one person has a mental condition does not automatically render them incapacitated for marriage purposes, but if a court decides one spouse did not have the capacity to agree to a marriage, that marriage will be deemed invalid.

Prenuptial Agreements

If you sign a premarital agreement, you must have the mental capacity to understand the provisions of the agreement and the effects of the agreement should you get divorced in the future. If you did not have the ability to understand what you were signing at the time you signed, the agreement may be declared invalid.

Divorce

Mental incapacity is important in Florida divorce in more than one way. First, a Florida statute permits a spouse to get a divorce if they have been djudged to be mentally incapacitated for at least three years prior to the divorce filing. In such cases, the individual’s guardian or representative family member will be notified and will be able to appear in court on his or her behalf.

Additionally, Florida family courts will not grant a divorce that was filed by a mentally incapacitated person who does not understand the effect of a divorce. For example, a Palm Beach County judge recently ruled that an 87-year-old man with dementia could not be granted a divorce. His wife argued that his children are manipulating him for financial purposes to pursue divorce and that he would not actually want a divorce if he understood what was happening. The court agreed and dismissed the divorce case.

Child Custody

If one parent is mentally incapacitated, they will likely be unable to properly care for a child. Therefore, in such cases, the court may determine that it is in the best interests of the child to award full custody to the other parent or only provide for limited supervised visits with the incapacitated parent.

A Qualified Boca Raton Family Law Attorney Can Help

Having the requisite mental capacity is only one of many potential issues in marriage, divorce, and other family law matters. Each case will have unique legal questions and you always want to make sure you have an attorney handling your case who understands how to identify and address any potential issues. If you have any type of family law matter, you should not delay in discussing your situation with Boca divorce lawyer Alan R. Burton today. Call (954) 229-1660 for a free consultation.

Specifically, Grayson claims that his wife married him in 1990 and did not legally divorce her first husband, Robert Carson, until 1994. These claims are based on divorce records discovered in Broward County, Florida for “Lolita B. Carson.” His wife claims that the divorce involved a different Lolita Carson and that she was actually divorced in Guam in 1981. Neither Grayson nor his wife have been able to locate Robert Carson to testify in the matter.

Effects of an Annulment

If Lolita Grayson was actually still legally married when she wed Alan Grayson in 1990, the second marriage would be legally invalid and the court would issue an annulment. While both a divorce and an annulment serve to dissolve a marriage, an annulment treats the parties as if they had never been married in the first place. This has the following legal effects:

• No property would be considered “marital property” and equitably divided under Florida’s property division laws.
• No inheritance rights would exist based on marital status.
• Neither spouse would have claims to insurance, retirement, or similar benefits.

Annulments do have some similarities to divorces, however. For example, custody issues are treated in the same manner and children of an annulled marriage are considered legally legitimate. Additionally, a judge can award temporary alimony in some cases, especially if one spouse was a victim of fraud on the other’s part.

Rep. Grayson is likely pursuing an annulment for a few reasons. First, his worth is reportedly valued at $31 million and he would not have to divide his assets with his wife. Second, by accusing his wife of wrongdoing, he is likely hoping to draw attention away from his wife’s own accusations against him of battery, financial abandonment, and more. Overall, the Grayson divorce seems rife with bitterness, dramatic allegations, political and financial motives, and other complications. The trial has been delayed numerous times for various reasons ranging from changes of attorneys to leaking breast implants. Some of the issues have been so extraordinary that the presiding judge even likened the dramatic case to the political drama House of Cards. We will be watching whether the case actually moves forward to trial and whether Grayson’s bigamy allegations will garner an annulment.

Contact an Experienced Florida Family Law Attorney for Help

If you are considering seeking a legal annulment or a divorce in Florida, you should always have the assistance of an experienced lawyer who understands all of the state laws related to dissolution of a marriage. As demonstrated by the above case, divorce cases can have many unique legal issues and complications and you should have an attorney who knows how to protect your rights in such situations. Please call the law office of Alan R. Burton in Boca Raton for a free consultation today.

What Are the Grounds for Annulment?

Not every marriage can be annulled. Interestingly, Florida statutory law details the procedures through which a couple can obtain a divorce, but is silent as to what reasons justify annulment. The law has been developed through court decisions interpreting common law, which are binding on lower courts through the doctrine of precedent. Some of the common grounds for annulment recognized by Florida courts include the following:

• One spouse was still married to someone else
• One of the parties to the marriage was underage
• The marriage was illegal
• Consanguinity
• One spouse engaged in fraud or misrepresentations in order to induce the other spouse to get married
• The marriage was never consummated
• Lack of capacity due to mental issues or intoxication

What Are the Benefits of Obtaining an Annulment Rather Than a Divorce?

Because Florida annulment law can be very complicated, it is important for anyone who believes they may be entitled to an annulment to discuss their circumstances with an experienced lawyer. Some of the benefits of annulment over divorce include the following:

• The complications regarding the division of property or child custody are limited
• No obligation to support the other party after the annulment has been granted
• Avoidance of any social stigma that you believe may be associated with a divorce
• If the grounds for annulment are agreed-upon, the avoidance of legal battles with the other party to the marriage

While these advantages may make a significant difference to some couples, for others they may not. In some cases, it may be simpler for two people who agree that a marriage never should have happened in the first place to simply obtain a divorce instead of an annulment. This way, they can agree to the terms of the divorce through a settlement agreement and incorporate that settlement into the divorce decree, making it binding. Of course, each case should be thoroughly reviewed by an experienced attorney in order to determine what course of action is best based on your specific circumstances.

Contact a Boca Raton Family Law Attorney Today to Schedule a Free Consultation

Florida lawyer Alan R. Burton has been helping people with legal issues related to family law for over three decades. To schedule a free consultation, call our office today at (954) 229-1660.

Aside from alleging abuse, libel, and slander stemming from the domestic incident, Grayson seeks to end their marriage after 24 years by requesting an annulment. Grayson accuses his wife of bigamy, which means being married to more than one person at one time. Grayson claims that his wife was secretly married to another person but told him she was single at the time of their marriage. Court documents state that she did not get a divorce from her first husband until several years after she married Grayson.

Reasons for Annulments

Some people seek to end a marriage simply because they no longer get along, while others may have more serious reasons. As we have previously discussed on this blog, some of these serious reasons may lead the court to grant an annulment instead of simply a divorce. An annulment does not simply end a marriage, but renders the entire marriage null and void. An annulment works retroactively, as well, so once it is granted, it is as if the marriage had never occurred.

Some reasons why an annulment may be granted include:

• Bigamy;
• Incest;
• Fraud;
• Coercion;
• One or both parties is under age 18; or
• One or both parties otherwise lacked the capacity to marry.

Bigamy in Florida

A person lacks the capacity to marry if they are currently married to another individual. Being knowingly married to two different individuals at the same time is not only grounds for an annulment, but it is also against the law in Florida.

Bigamy is a criminal offense, which may be charged as a third degree felony and may be punishable by up to five years in Florida state prison. People convicted of bigamy may also face probation, significant fines, and other consequences. However, the crime of bigamy must be prosecuted while the person is still married to two people. Therefore, if Grayson’s wife was actually divorced from her first husband years ago, she will not face criminal charges.

If the court discovers that Alan Grayson’s allegations are true, it may grant him an annulment. Grayson also seeks full custody of his five children and more than $15,000 in damages.

Contact a Florida Family Law Attorney for Assistance

No matter what type of issues may arise in your divorce, experienced divorce attorney Alan R. Burton can assist you with every aspect of your case. He knows how to address serious concerns and claims such as bigamy or fraud, and to get you the best outcome possible in your divorce case despite any negative claims against you. If you are thinking about divorce in Boca Raton or Ft. Lauderdale, contact our office today as soon as possible for help.

Generally speaking, you must either have the legal capacity to marry or you must consent to marry. If you can prove that you lacked the capacity or were unable to give your consent to marry, there is a strong probability that you will be successful in having your marriage annulled in Florida.

An example of lack capacity would be getting married, while you are still married to someone else. This is an example of bigamy, when you have more than one spouse. This is a crime in Florida, and is a perfect example of lack of capacity to marry.

You also must be at least 18 years of age to marry in Florida, subject to a few limited exceptions.

Another common exception, that most people are familiar with, is intoxication. If an individual is so intoxicated that he is he or she is incapable of confirming our ratifying a marriage, the marriage may be subject to annulment.

Aside from capacity, the parties must consent to the marriage. If fraud or deceit is committed by one party upon the other, the consent may very well be lacking, and could negate the validity of the marriage.

Annulment cases are extremely factually intensive, and there are a multitude of different circumstances and scenarios that one could conjure up as a basis for an annulment.

Contact a Family Law Attorney in Fort Lauderdale or Boca Raton

Experienced attorney Alan R. Burton is dedicated to helping individuals promptly get on with their lives, whether it be as a result of annulment of their marriage or divorce, so please contact our office today to schedule your free consultation to see how we can help you.