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Loren
Loren, Lawyer
Category: Family Law
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Experience:  30 years of experience.
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Is it better to obtain a annulment/divorce in florida or california

Customer Question

Is it better to obtain a annulment/divorce in florida or california? Would like to use mental cruelty and marriage was not consummated.
Submitted: 3 years ago.
Category: Family Law
Expert:  Loren replied 3 years ago.
Florida has no special annulment statute (California does, however). Mental cruelty is grounds for dissolution and not annulment. A dissolution, as the name implies, dissolves the marriage, while an annulment treats it as if it never happened. An annulment is very difficult to obtain and there are very specific grounds which must be established in either state. Fraud, bigamy, incest, duress, intoxication, inability to consummate the marriage. These are the types of situations where an annulment is possible. Otherwise, you will need a petition for dissolution. The state you use is dependent on your and your spouse's residency, as residency must be established in either state to establish jurisdiction of that state's court.
Customer: replied 3 years ago.
Aware of residency laws. Does both states recognize mental cruelty? If one spouse refuses to consummate marriage how does the stand with both states? If one spouse is considered incompetent and the other does not provide proper care does that play a role in either state.
Expert:  Loren replied 3 years ago.

1. Grounds for divorce in Florida are 1. Marriage irretrievably broken or 2. Mental incapacity. Grounds in California are (1) Irreconcilable differences, which have caused the irremediable breakdown of the marriage. (2) Incurable insanity. No mental cruelty in either state.

 

2. It is the physical impossibility to consummate, not the mere refusal, which is grounds for annulment.

 

3. Yes, that is an indication of the irreconcilable differences or the irretrievably broken marriage.

 

 

Customer: replied 3 years ago.
In Florida, if the one party considered incompetent left the state because they were forced can the other party claim abandonment?
Expert:  Loren replied 3 years ago.
You do not need abandonment. Florida only has 2 acceptable grounds for dissolution: 1. Marriage irretrievably broken or 2. Mental incapacity.
Customer: replied 3 years ago.
My reference for abandonment is my father, who is considered incompetent, was forced to Ca. His personal belongings remained in fl. When we attempted to get them, my sister gave them back to my step-mother, who refuses to give him his things. They had not lived together for 3 months. I know fl does not recognize separation. Have tried to involve the law, but the sheriff's office refuses to make a police report. If we attempt to go to Fl, my concern is being accused of other things...i.e..breaking and entering. Whatever thy can think of.
Expert:  Loren replied 3 years ago.
You are correct, you can not break in and just take things. If the police refuse to assist, you will need to got to court to obtain an order that the stepmother return his property (called a replevin action). If you can wait, just do it as part of the property settlement of the divorce.
Customer: replied 3 years ago.
What if she gets rid of his things? She only gets $600 month, so getting money from her won't happen. They don't care about court orders. They do whatever they like.
Expert:  Loren replied 3 years ago.

Then you would sue her for the value of the property she stole.

 

An ACCEPT would be appreciated.

Loren, Lawyer
Category: Family Law
Satisfied Customers: 20562
Experience: 30 years of experience.
Loren and 6 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank You
Expert:  Loren replied 3 years ago.

You are welcome. Good luck.

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