Jacksonville Divorce Lawyer A. James Mullaney answers the question, "Can I get an annulment in Florida?"
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In terms of whether or not you can get an annulment, there are two types of marriages: void marriages and voidable marriages.
A void marriage is a marriage that is invalid from the very beginning. For example, if you married your brother or sister, that marriage is void because it is illegal to marry a sibling in the State of Florida.
The next type of marriage is a voidable marriage. This is an otherwise valid marriage that can contain a defect that can be cured - potentially.
For example, suppose that it is very important to you that your spouse is of a specific religion. You would never marry that person unless they were a member of your religion. When you meet your spouse, he or she tells you that they are of that faith. Eventually, you get married to that person. Later, you discover that your spouse lied to you and that they are not a member of that religion.
In that case, you don't have a void marriage - because there is no prohibition about marrying someone with different priorities. However, your marriage is voidable. If you can prove to a judge that your spouse lied to you and that you would not have otherwise married that person, the judge would likely grant your annulment.
However, if you learn the truth about your spouse's religion and do nothing, then - potentially - your spouse in a later hearing could argue that you agreed to that problem and hence cured that defect.
Similar to an uncontested divorce, if you and your spouse can agree to the reasons and terms of an annulment, you can very likely get your annulment at a very reduced cost and time frame as compared to a litigated annulment.
