QUESTION

quaify for a marriage annulment?

Asked on Oct 13th, 2013 on Divorce - Florida
More details to this question:
lived with 2 yrs,he was arrested been in prison 2.5 ys . We were married Wed and I want an annulment on Sat. Threatens me with having someone on the outside put me out of the house. Threats of violence to me.
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
 Since your husband is in prison, did you have an opportunity to consummate the marriage?  Under Florida law, failure to consummate the marriage is one of the grounds for an annulment    Although there is not a specific Florida statute governing annulment, other grounds to petition the court for annulment include lack of capacity to contract for the marriage because one of the parties is already married, was intoxicated at the time of the marriage (by that, we mean intoxicated to the point of not knowing what one was doing), or did not have the mental capacity to enter into the marriage.  Other grounds include entering into the marriage by fraud or deceit. However, based on your circumstances, the lack of consummation may be your best bet.  Alternatively, you can file for divorce.  Since no children were born of the marriage, and since, presumably, there are no assets or liabilities to divide, Florida statutes guaranty that you can get divorced.    Good luck,    Cindy Vova    Law Office of Cindy S. Vova, P.A.    8551 West Sunrise Blvd., Suite 301    Plantation, FL 33322    954-316-3496    info@vovalaw.com
Answered on Oct 13th, 2013 at 5:35 PM

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