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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27626
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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In the state of fla my son we believe was manipulated into a

Customer Question

Hello in the state of fla my son we believe was manipulated into a marriage. Mother was the notary and daughter was the one marrying my son. Is this a legal binding document? or fraud. Also when having witness does one witness need to be for my son and one for the bride? thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good afternoon. Why do you think he was manipulated? How long ago did this happen? Where does he stand in all of this?

Customer: replied 1 year ago.
He was not together with her he had been broken up and went to meet her, he didn't really remember thinks might have been under the influence of alcohol. Her mom and bride took him to the court house to do the license she is notary so she notarized the license with two of the people there.
Customer: replied 1 year ago.
she is now wanting to "rush and have a wedding since we have been asking so much questions and eh wants to know his legality of the current license if married or not.
Customer: replied 1 year ago.
He was in the military and we think mom was trying to get daug married off to get her taken care of
Customer: replied 1 year ago.
R u there?
Expert:  FamilyAnswer replied 1 year ago.

Thank you for the additional information. If they went to the clerk or court and got married and everything was filed, then the actually wedding would be more of a formality, for family in friends. If he was impaired and did not know what he was doing, then he would need to get the marriage annulled. If this was all done at the court house, like you shared, the clerk is going to make sure everything is/was properly executed. As far as grounds for annulment, the Florida Courts may consider the following:

  • Bigamy
  • Underage spouse
  • Mental incapacity
  • Fraud
  • Duress
  • Lack of capacity to consent
  • Physical or mental disabilit
Expert:  FamilyAnswer replied 1 year ago.

If this can be shown, then the marriage can be annulled.

Customer: replied 1 year ago.
they went to county clerk office and was done there. but I thought in the state of fla notary cannot notarize a doc for family member
Customer: replied 1 year ago.
also in what case would be fraud would that be the notary being her mom
Expert:  FamilyAnswer replied 1 year ago.

If they went to the clerk of court, there would be no reason for the mother to notarize it since the clerk would do it. You may want to try and see exactly what is on it. Moreover, in Florida, a notary can not notarize a document if the signer is the mother, father, son, daughter, or spouse of the notary public.

Expert:  FamilyAnswer replied 1 year ago.

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Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!