If you entered a marriage that you later realized to be invalid, you may have reason to file for an annulment. Read on to learn what is considered a void or voidable marriage in the state of Florida, and how a proficient Broward County divorce lawyer at The Finizio Law Group can assist you through your annulment case.
How does the state of Florida define an annulment?
An annulment is granted in the state of Florida if a judge determines there was never a valid marriage. This allows the parties to return to pre-union status. This is unlike a divorce, which acknowledges the validity of the marriage and proceeds to property division and alimony decisions.
For a marriage to be invalid, it must be void or voidable. A void marriage should never have been permitted to form under the existing law, while a voidable marriage had grounds to exist when the union started but something has been discovered later on that should nullify the marriage.
What are the grounds for annulment in Florida?
In the state of Florida, there is no specific statute that governs grounds for annulment, and therefore judges must reference case law to determine the invalidity of the marriage. However, the following are considered prohibited marriages that may be bases for annulment:
- The marriage was a common-law marriage.
- The two spouses were related by lineal consanguinity.
- One of the parties was already married, a crime which is otherwise known as bigamy.
- One spouse had a lack of consent to sign a marriage contract due to mental incapacity or the influence of alcohol or drugs.
- One of the spouses was under duress.
- One spouse was underage and lacked parental consent.
- One spouse used fraudulent acts or misrepresentations to obtain the consent of the other spouse.
Reach out to a seasoned Broward County family law attorney today, and they will research a previous voided marriage case with similar circumstances that will help you receive the annulment you are entitled to.
What is the statute of limitations for annulment in Florida?
Unlike that of divorce, there is no statute of limitations for filing an annulment in the state of Florida, so long as the requirements of proving invalidity are met.
Contact Our Experienced Broward County Firm
If you require legal representation for matters of personal injury, family law, criminal defense, commercial litigation, or aviation litigation, look no further than The Finizio Law Group. Our firm has decades of combined experience representing clients from all walks of life, and we are here to put those years of experience to work for you as well. Contact us today to schedule your initial consultation with our team and to learn more about our services and how we can assist you.