Seeking an Annulment?
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A husband and wife may also seek an annulment of the marriage under certain conditions. For instance, if it’s determined that the marriage is incestuous or bigamous, the wedding is recognized as void under State Law and could be so declared upon petition of either party towards the marriage. A married relationship isn’t void, but is voidable under Florida Law in which the petitioner would be a minor during the time of the wedding, if there was fraud or coercion, or where one spouse or the other suffers from a physical or mental condition rendering the wedding voidable. An annulment is much like an eraser at the bottom of the pencil. You’re searching to undo what’s been done.
Fraud or misrepresentation – Fraud or misrepresentation takes place when among the spouses has lied about something. Misrepresentation of products like the opportunity to produce children, not married to other people, marrying simply to gain citizenship, and being of insufficient age to be legally we, are all cause for an annulment according to fraud or misrepresentation.
Concealment – If among the spouses hid a significant fact, another might have cause for an annulment. This might incorporate a drug abuse problem, a legal conviction, children, impotency, or sexually transmitted illnesses.
Misunderstanding – Usually, a misunderstanding that constitutes an annulment is dependant on the wish to have children. This misunderstanding should be substantial towards the marriage to constitute cause for an annulment.
Impotency or Incest – If one or the other of the spouses is incurably impotent, the other spouse has then cause for an annulment, as assuming that spouse was unaware of the impotency before the marriage.
Those who are familiary related may also provide cause for an annulment. This might include whole or half brothers and sisters, first cousins, parents, grandchildren, aunts, uncles, etc.
If an individual is married while psychologically ill, insane, or determined to be retarded to the degree that she/he couldn’t knowingly and voluntarily fully understand the complete concept of marriage, then an annulment might be appropriate. Annulment is granted around the theory that marriage is really a consensual relationship, and many psychologically ill, insane, or retarded individuals are considered not capable of giving legal consent. If temporary or periodic madness is alleged, the affected person’s condition during the time of marriage governs whether their possessed the legal ability to marry. A married relationship won’t be annulled whether it was joined into throughout a “lucid” interval between instances of temporary madness.
Insufficient consent – Both sides should have the mental ability to consent and should consent under your own accord towards the marriage. If your party was forced or threatened in to the marriage, the wedding could be annulled. One lacks mental ability to enter into a marriage when they are insane or intoxicated during the time of the wedding. If either spouse was intoxicated by alcohol or drugs during the time of the wedding, or should it be proven there was such intoxication that either spouse was not capable of understanding the nature from the marriage contract and it is effects, annulment is going to be granted.
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