Yes. Marriage annulment means that the marriage never legally existed to begin with. To qualify for a marriage annulment, a marriage must be legally void or voidable. Void simply means that the marriage is not valid, while voidable means that a court can declare it to be invalid if it is contested by a party.
- It might include any one of these reasons:
- (1) bigamous;
- (2) incestuous;
- (3) contracted fraudulently;
- (4) contracted under duress;
- (5) contracted under undue influence;
- (6) contracted by a minor unless authorized by law;
- (7) contracted by an incompetent person;
- (8) contracted without intent to be married;
- (9) a common law marriage;
- (10) by a person mentally incapacitated. If this is your case, then you might need to speak to us so we can clarify what incapacitated actually means. We offer free consultations that can provide you with this information.
Regardless of whether the marriage is void or voidable, it can be annulled. When the marriage is void, it does not affect annulment. No act of either party can change it. If it is voidable, it can be confirmed thereafter.
You follow the same process you do in family law as if you were filing for dissolution of marriage, except you request an annulment.
Annulment of a void marriage can be sought at any time while relief in a voidable marriage must be sought while both parties are alive.
Florida no longer recognizes the validity of common law marriage. However, if you were married in another country, Florida does recognize that marriage, and if you lived with your significant other in another country that also recognizes common law marriage in a country that legally recognizes common law marriage, it may be that Florida too will recognize that marriage in Florida.