Re: Florida Law for Marriage Annulment

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On 7/08/05, Joni wrote:

Messed up on first try. The site that refers one to the state's
statutes matched the other contributors' comments best.

My son thought he might have qualified for an anullment but does
not seem to fit the requirements. His wife deserted him within a
month of their marriage after living with him for over 2 years.
She would leave and not tell him that she was leaving, where she
was going, how to contact her, or how long she thought she might
be gone. The time before last she told him she did not want to be
married any more and then left. A couple of weeks later she
returned and went or called his place of employment every day for
2 weeks begging to come back, that she had listened to her friends
and made a mistake. He finally agreed because he still loved her
and she said she loved him. She was back about 3 days when she
took off again. After no word from her for a few weeks he
realized he could not live in such a relationship and they decided
to terminate the marriage. We hated to see this happen but are in
many ways relieved because we had very good reason to be concerned
for his safety.

We found the forms for dissolution on the Clerk's page of the
court's website on www:flcourts.com. Maybe your court also has
such a page. Instructions and resources accompanied each form as
well as costs. Good luck!

> 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.