February 19, 2022
The state of Florida grants a dissolution to married couples who encounter irreconcilable differences. Unlike an annulment, the law does not grant a dissolution if the couple’s marriage was invalid in the first place. The thing is, for the process to qualify as an annulment, the marriage must have been created in error.
If the marriage was not created in error, then there is a need for a divorce.
That being said, if you are considering an annulment, there are some things you will need to remember first. The state of Florida recognizes the following grounds, which we’ll go over in greater detail.
The Grounds for Annulment in Florida
No Consent for Marriage
One of the most common grounds for annulment in Florida is the failure to have consent for marriage. If either of the spouses did not consent to the union for any reason, then the marriage is void. As stated by Florida Statute 741.051(5):
“A marriage is void if the consent of either party was obtained by force, duress, or fraud, or if either party was, in fact, incapable of consenting to the marriage.”
If you can prove that one of your spouse’s reasons for not wanting to be married to you was because of your controlling ways, or that your spouse did not know what they were doing because they were drugged or drunk, then you may be able to rely on the lack of consent for marriage as a reason for annulment.
Mental Incompatibility
Another common ground for annulment in Florida is the mental incompatibility of the couple. This ground is used if one of the spouses entered the marriage because of a mental or emotional disturbance that would have made them incapable of understanding the nature and obligations of marriage.
Mental Illness
Many people experiencing mental illness will not be mentally capable of understanding the nature and obligations of marriage. Thus, in Florida, if one of the spouses is found to have been mentally ill at the time of the wedding, then the marriage will be annulled.
Inability to Consummate the Marriage
If your spouse was incapable of consummating the marriage, then you may be able to claim that the marriage was void. However, this ground for annulment in Florida is only acceptable if the couple’s inability to consummate was due to a physical inability, not a psychological one.
That said, you will need to prove that your spouse was unfaithful, impotent, or had a permanent sexual dysfunction.
Fraud
If one of the spouses was deceived into entering the marriage by the other spouse, they might be able to annul the marriage. The fraud can be intentional or unintentional. If you can prove that your spouse went into the marriage under false pretenses and that they concealed pertinent facts about themselves, then you may have a solid case to prove fraud.
Underage Marriage
Another common ground for annulment in Florida is the marriage between an underage individual and an individual who was of age at the time of the wedding. Since Florida recognizes that minors cannot make the decision, they have made it illegal to do. As stated by Florida Statute 741.06:
“A marriage contracted by a person, male or female, under the age of 18 years is void unless at the time the marriage was contracted, the male or female, respectively, had attained the age of 16 years, and the male or female, respectively, had the consent of his or her parents or guardians, or in the event of the death of either parent, the consent of the surviving parent.”
Conclusion
As you can see, annulments are quite different from divorces. If you are considering an annulment, you need to make sure that there are grounds for it to be processed. You must first ask yourself if you can prove that one or more of these grounds exist in your marriage. Remember to only proceed if there is a valid reason. If the marriage was not entered into in error, you should otherwise consider getting a divorce.
If you are looking for well-trusted attorneys who will help you understand more about annulments in Florida, look no further than our experienced experts here at The Dorsey Law Firm. We are your top Jacksonville attorneys specializing in family law, criminal law, and personal injury. Call us today and let us discuss about your current situation and why you are considering an annulment. We are more than happy to help you out!
