Re: Florida Law for Marriage Anullment

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On 2/28/05, Ozarks Lawyer wrote:
>
>
>
> In other words, an annulment is reserved for situations when
> you wake up hung over in a Las Vegas hotel next to a stripper
> named "Bambi." You look on the dresser and to your horror
> discover a video of you and Bambi (who looks good in a short
> wedding dress) walking down the isle, arm in arm, and
> pleadging your life to one another with an Elvis look-a-like
> conducting the ceremony. A choir sings "Caught in a Trap" in
> the background.
>
> You drop to your knees, look to the ceiling and yell: "Help
> me, Jesus." Then you swear off alcohol forever. A short-lived
> vow, to be sure. But it gets you through the annulment.
>
> Divorce is preferred when you know Bambi's real name, stay
> sober for the ceremony, and Elvis turns out to be a certified
> preacher. You did not immediately seek annulment or divorce
> because the lap dances were free. Six months later, you get
> bored and want out.
>
>
>
>
>
> On 2/28/05, Peaches wrote:
>> On 3/12/01, Raymond wrote:
>>> I am looking for information on anything related to Florida
>>> Law about marriage anullment. Phone numbers, websites
>>> anything .. Thank you for your help.
>>
>> I had to do this for a paralegal class.... this is what I
>> found....may be a little too late but found your chat on a
>> search for the same....It drove me crazy looking for a
>> statute or proceedure after reviewing Floridat statutes
> Civil
>> Practice and procedure chapter 61 and Chapter 741-752 I
> think
>> the following memorandum which I did not write but I cannot
>> seem to find the cite.... anyway, generally good
>> information....
>>
>> FLORIDA ANNULMENT OF MARRIAGE
>>
>> Marriages can be formally terminated either by
>> dissolution or by annulment. An annulment is usually
>> preferred for religious reasons, and is accompanied by a
>> church annulment procedure. A decree annulling a marriage
> is
>> grounded on the fact that a valid marriage never existed,
>> either because the marriage was void or voidable. A void or
>> voidable marriage may be terminated by dissolution or
>> annulment.
>>
>> Florida has no special rule or statute which governs
>> annulment. The general venue statute is followed and the
>> action is commenced in circuit court. The proceeding may be
>> brought by the innocent party, by his or her heirs or legal
>> guardian. The action may not, however, be maintained by an
>> alleged next friend of an incompetent adult. The action may
>> apparently be brought at any time.
>>
>> With the proper factual situation, the courts might
> allow
>> parents to seek annulment of the marriage of an underage
>> child, when in the best interest of the child, since some
>> other contracts made by under age children may be set aside
>> upon the initiative of their parents or guardians.
>>
>> Annulment is an appropriate method of termination of the
>> marriage where one of the parties lacked the capacity to
>> contract; either because of a prior existing marriage,
>> extreme intoxication or lack of the requisite mental
> capacity.
>>
>> A lack of physical capacity to consummate the marriage
>> may also be sufficient grounds for annulment, although
>> impotency should not be confused with sterility.
>>
>> If the lack of intent to contract or to fulfill the
>> contract can be proven, the marriage can be annulled. Lack
>> of consent to the marriage can manifest itself in a marriage
>> ceremony held in jest. A marriage was annulled where the
>> older brother of the father of a woman's child married her
>> solely for the purpose of preventing the child from being
>> illegitimate and with no intent that the marriage be
>> consummated.
>>
>> A marriage induced by fraud and deceit can be annulled
>> where the marriage has not been consummated.
>> Misrepresentation of pregnancy, alone, has been held an
>> insufficient reason for annulment. It appears, however,
> that
>> sexual intercourse operates as a complete ratification of a
>> marriage otherwise voidable.
>>
>> A marriage entered into under duress may be annulled if
>> the duress dominated throughout the relationship of the
>> parties to the extent that one party was prevented from
>> acting as a free agent.
>>
>> Despite the fact that the contesting party may prove
> some
>> of the previously mentioned defects in the marriage,
>> annulment may not be allowed, where that party has ratified
>> the marriage. If the person seeking annulment is aware of
>> the defects and nevertheless confirms the marriage, it is
>> deemed ratified and not later subject to annulment. In
>> effect, the complaining party has waived his right to
> contest
>> the contract, unless it can be shown that the person
>> ratifying the agreement was not aware of all of the material
>> facts and therefore could not have knowingly waived his
>> rights. See Lambertini v. Lambertini, where the Third
>> District Court of Appeal reversed the granting of an
>> annulment where the parties cohabitated for thirty years,
>> held themselves out as husband and wife, bought property as
>> tenants by the entireties, bore and raised two children and
>> the testimony showed the parties reasonably relied on the
>> marriage.