In Florida, there is no specific statute that deals with the annulment of a marriage. There is however, a body of case law, which has developed from the common law, and which provides a basis for the annulment of a marriage.
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.
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