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Familylaw Guru
Familylaw Guru, Attorney at Law, JD
Category: Family Law
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Experience:  Experienced in divorce, child custody, child support, paternity issues, and parental rights.
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Is it possible to obtain an annulment after a marriage that ...

Resolved Question:

Is it possible to obtain an annulment after a marriage that lasted two months?   And, how would I proceed?
Submitted: 8 years ago.
Category: Family Law
Expert:  Familylaw Guru replied 8 years ago.
Florida has no special rule or statute which governs annulment. The action is commenced in circuit court. The action may apparently be brought at any time.

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.

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.

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.

If you meet any of these reasons for annulment, you may file a petition for annulment in the circuit court in your county.

If you don't, you will have to instead file for divorce. Just because you have only been married two months does not mean you automatically are entitled to an annulment, you would have to prove elements above.

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