Several of my clients have asked me about the possibility of annulling a marriage. Whether for religious reasons, or for other reasons, some people find it more feasible to have the marriage annulled rather than divorced. But what does the annulment of the marriage consist of? In today's blog we are going to explain it. The explanations that we are going to be giving in this blog constitute the current law of the State of Florida. The laws regarding family cases may vary in each state, so it is recommended that you contact an attorney in your state for more information. To nullify something is to declare that it never existed. When you intend to annul a marriage, you are trying to reverse the process, stating that it never existed because it was never valid. If the parties manage to annul the conjugal bond, they return to the state they were in before they married. A clarification that I need to make: the annulment in civil matters is completely different from the annulment in religious matters. If you wish to receive an annulment in religious matters, you must go to your nearest religious center and inquire about the procedure. The explanations given in this blog are only relevant to civil cases. For the court to declare a marriage void, it is necessary to be able to demonstrate the following: - That the marriage is void because at the time of perfection, one of the parties did not have the legal capacity to carry out the act of contracting nuptials. This means that if for any reason one of the parties was not in control of all its capabilities at the time of the marriage, the marriage is invalid. - That the marriage is null because one of the spouses lied, made fraud, or used fraudulent acts that induced the other to marry. This fraud must be aimed at the act of getting married and formalizing the union. The mere fact that one spouse lied to another about how much money they had, or how attached they are to their family, does not qualify as fraud to annul the marriage relationship. - That the marriage is void because one or both parties were minors and the corresponding formalities to celebrate a marriage between minors were not fulfilled. - That the marriage is null because one or both parties contracted nuptials under threat or coercion. It is going to be necessary to prove what this threat or coercion consists of and how it was exerted. - That the marriage is void because one of the spouses is unable to consummate the marriage (sexual acts) because it is impotent, and the other spouse did not know about this before contracting nuptials. - That the marriage is null because one of the parties is already married (bigamy) - That the marriage is null because the spouses are related to each other (incest) - That the marriage is null because the spouses made nuptials in jest, without the intention of formalizing the union. It is not necessary to prove all these requirements at the same time, with the existence of one, it will be possible to annul the marriage. In Florida, all marriages that are celebrated are presumed to be valid, therefore proving that a marriage is void will require that you submit sufficient evidence to demonstrate that the nuptials were invalid. If the other party disagrees, and replies by denying, it could be counterclaimed by a divorce proceeding, and if insufficient evidence is available, the judge will most likely grant the divorce rather than annul the marriage. If you are planning to annul your marriage, contact us. At Y. Morejon Attorney, P.A. we can help you. We have worked on various family cases and we have the experience and knowledge necessary to help you with your process. The first consultation is free. Call us today. At Y. Morejon Attorney, P.A. your problem is our problem.
Legal Disclaimer Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.
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