How long can you be married and still get an annulment?
Both annulments and divorces determine the marital status of the parties involved. However, the critical distinction between the two is that while an annulment only states that what everyone believed to be a marriage never existed in the first place, divorce ends a genuine, lawful marriage.
An annulled marriage has no genuine existence in legal terms. Read below if you are wondering how long you can be married and still get an annulment.
In Florida, there is no period after your marriage where you can get an annulment if your wedding is not working out. If your marriage doesn’t work out, there is no window of opportunity in Florida during which you can obtain an annulment. It is necessary to get a dissolution of marriage or divorce if your wedding is failing and you wish to end it.
Fraud of some kind is usually involved in annulments. Most frequently, this is lying about one’s actual state of affection, faith, desire or capacity for parenthood, or criminal past. These circumstances are referred to be voidable marriages.
If the other party is aware of the fraud but does nothing about it, there may be a chance for an annulment in one of these circumstances. The basis for the other kind of annulment is a null marriage. These situations involve an unauthorized union. Bigamous unions or unions of those who are not permitted to wed, such as siblings, are examples of these weddings.
Florida has no-fault divorce laws. You can file for divorce for no reason other than not wanting to be married. Your marriage is “irretrievably broken” in different terms. In a matter of months, many uncontested divorces can be finalized.
However, some couples do not wish to declare their marriage. In that situation, they must undertake an annulment procedure. While considering an annulment, you must understand what qualifies you for an annulment. Therefore, to obtain an annulment in Florida, you must demonstrate one of the following conditions:
- One or both spouses made false statements about themselves
- One or both lacked the mental capacity to enter the marriage due to mental incapacity or intoxication
- One or both spouses were unable to complete the wedding.
The three requirements for obtaining an annulment could apply to various circumstances.
Florida’s legal reasons for annulments include, for instance:
- Duress – When someone is forced into marriage through pressure or threats of physical damage
- Minor: The older party must be no more than two years older than the younger party, and the minor must meet the following requirements:
- Incest – The spouses are related by lineal consanguinity.
- Impotence – A spouse is unable to engage in sexual activity and conceal it;
- Bigamy – It is illegal to be married to two persons simultaneously.
- Denial of Marital Rights: When one spouse refuses to live with or engage in sexual activity with the other spouse.
- Insanity: when one spouse is mentally ill or unable to understand marriage.
- Fraud: when one spouse purposefully and deliberately misleads the other spouse.
In Florida, a petition for annulment may be filed by either spouse. However, a parent, relative, or legal guardian may also request an annulment for a minor or a disabled adult who was not of sound mind at the time of the marriage.