QUESTION

Is it possible for me to still get an annulment? How?

Asked on Nov 27th, 2013 on Divorce - Florida
More details to this question:
Into 2009, I moved from Florida to Michigan and married my husband. At the time we actually got married (in our living room by a preacher) however, he was under a "no contact order" still, due to domestic abuse on me. The in incident of his arrest happened on 12/27/2009, we secretly got married on 12/29/ 2009. Legally he wasn't supposed to have any contact with me until the next court date which was January 4, 2010. Basically I just want to know if I am under the qualifications of maybe getting an annulment. On January, 25 2011, I finally left him. I got a one-way ticket back to Florida and left him. I feared for my life things were getting so bad. As far as I know, he is still in Michigan. I still reside in Florida. We don't speak. I never want to speak to him again, he scares me. Please help. Any guidance or advice would be most appreciated. Thank you for your time.
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7 ANSWERS

You cannot rely upon your knowingly assisting him with and participating in the violation of a court order of not contact to get an annulment. You will need to file for a divorce, which you can do in Florida. You don't indicate whether you have any children, but if you do, then Michigan courts may have some jurisdiction over the child-related issues.
Answered on Dec 04th, 2013 at 6:05 PM

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Municipal Law Attorney serving Paw Paw, MI at Mark A. Manning, P.C.
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No grounds for annulment.
Answered on Dec 03rd, 2013 at 4:59 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You should see a local family lawyer about getting a divorce. In order to make it less expensive, you should contact him to see if there are any issues and what they are. In FL all assets acquired during a marriage are marital, and all debts incurred during the marriage are marital. If there are no debts, and each party has what they feel they should have, then the divorce can probably be an uncontested one.
Answered on Nov 27th, 2013 at 5:09 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It is very doubtful you will qualify for a civil annulment, file for divorce, either in Michigan or after you have re-established jurisdictional residency in Florida.
Answered on Nov 27th, 2013 at 5:09 PM

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Alimony Attorney serving Key West, FL at Sheri Smallwood Chartered
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It is my professional opinion that you would not qualify for an annulment based on the circumstances you have recited. There are marriages which are void and marriages which are voidable. A void marriage is one which is absolutely prohibited by law. An example would be a person who lacks the capacity to enter into a valid marriage perhaps because of the existence of a previous marriage that has not been ended. A voidable marriage is one which can be declared to be ineffective because of some deficiency, such as a party was intoxicated. However, a voidable marriage can be ratified after the fact by the party not immediately seeking to have it annulled. The fact that you were complicit and knowingly, actively participated in the marriage despite your personal awareness of the situation you propose to use to annul the marriage is also likely to disqualify you from obtaining an annulment.
Answered on Nov 27th, 2013 at 5:09 PM

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I don't for sure, but it sounds to me as if you ARE married. The fact that he violated a no contact order should not be relevant to whether or not your marriage was legal. Good luck.
Answered on Nov 27th, 2013 at 5:09 PM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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A no contact order would have nothing to do with the validity of your marriage. The only grounds for annulment are fraud (between the parties) or misrepresentation or if one was still legally married to another.
Answered on Nov 27th, 2013 at 2:11 PM

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