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I live in fl. i want to file for annulment based on i didnt…

Customer Question
I live in fl...

I live in fl. i want to file for annulment based on i didnt know he was an drunk and a weed smoker, can i file for annulment

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

FL

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 4 months ago.Category: Family Law
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Answered in 2 minutes by:
3/8/2018
Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,400
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago

Good afternoon. How long did you date this man for? Did you know he smoked and drank prior to the marriage?

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Customer reply replied 4 months ago
I only dated him for 5 months before I married him. I seen him occasionally drank or smoke within those 5 months but it became every night of him being a drunk. I left him after 11 months of marriage
Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago

Thank you for the reply. If you knew he drank and smoke prior to the marriage, you may not be able to annul the marriage at this time, since you were aware and it appears he may have a problem. There are certain grounds for which a marriage can be annulled and I have shared them below, so you can see if one applies.

Grounds for an Annulment

Florida recognizes two different kinds of marriages for annulment purposes:

All void marriages can be annulled, but not all voidable marriages can be annulled.

With that in mind, let’s look at the reasons why someone could get an annulment:

  • A marriage is void because it’s bigamous, incestuous, it consists of two underage people, or one spouse is permanently mentally incapacitated and unable to agree to marriage. These marriages are void and invalid by their very nature, but the couple should still obtain an annulment.

 

  • A marriage is voidable because one of the spouses lacked the ability to agree to marriage because, at the time of the wedding, the spouse was suffering from a serious but temporary mental problem or was under the influence of alcohol or drugs
  • A marriage is voidable because one of the spouses used fraud or misrepresentations to trick the other spouse into entering the marriage. Not all frauds will qualify. The fraud has to apply to the essence of marriage. If Spouse A lied about having have a serious disease like cancer, that wouldn’t qualify for annulment. But if Spouse A married Spouse B but never intended to live with Spouse B as a married couple, that could potentially qualify for an annulment.

 

  • A marriage is voidable if one spouse was under duress.

 

  • A marriage is voidable if one spouse is underage and didn’t have a parent or guardian’s consent.

 

  • A marriage is voidable if one spouse is impotent and the other spouse didn’t know.

 

  • A marriage is voidable if one or both spouses got married as a joke.

Also, keep in mind that marriages that are voidable because of fraud can be made valid by consummating the marriage once the wronged party becomes aware of the fraud, duress, or temporary lack of capacity.

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Family Lawyer: FamilyAnswer, Lawyer replied 4 months 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!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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