Posted by Nydia Streets of Streets Law in Florida Annulment
Florida does not have specific statutes that address annulment, and this area of law is based on common law. A plethora of appellate opinions give guidance on how to determine if a marriage can be annulled. Generally, impediments to marriage fall into two categories under Florida law - consent (invalidity or lack of consent) and capacity (to consent). Annulment was an issue in the case Rojas v. Londono, 3D24-0455 (Fla. 3d DCA January 8, 2025).
Posted by Nydia Streets of Streets Law in Florida Annulment
What is a “void” marriage in Florida? This is a marriage that is considered to have never occurred because a factor made the marriage illegal or incapable of being solemnized. An example is when one spouse is still legally married to another person at the time of marriage to a new spouse. In this case, the second marriage would be considered void and subject annulment. But there are defenses to a claim that a marriage is void, mainly for the purposes of preventing a party from selectively claiming the marriage to be void at divorce in order to avoid the financial and legal responsibilities associated with being married. This was an issue in the case Baxter v. Baxter, 1D2023 (Fla. 1st DCA December 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Annulment
When a party tries to have a marriage annulled in Florida, certain requirements must be met. A party might seek an annulment instead of a divorce to avoid the legal obligations that attach to marriage such as alimony and equitable distribution of assets. The validity of a marriage is called into question in an annulment proceeding, and this is what happened in the case Claflin v. Claflin, 1D19-1370 (Fla. 1st DCA January 21, 2020).
Posted by Nydia Streets of Streets Law in Florida Annulment
What is the difference between annulment and divorce in Florida? Annulment is a legal declaration that a marriage never existed because it was void or voidable under the law. A divorce, on the other hand, is a legal declaration that a marriage existed but it is now dissolved. Examples of a void or voidable marriage include a marriage between individuals related within a certain degree or a marriage in which one of the spouses is still married to someone else.
