Florida Void Marriages
While Florida does not specifically have a law regarding annulment of marriage, it does state when a marriage is considered void or voidable. The courts in the state do make a point of distinction between the two types, and if your marriage is found to be void or voidable you can face similar issues that divorcing couples face in court regarding property distribution, child custody, and possible issues of parental rights.
Void and Voidable Marriages
Void and voidable marriages are two different concepts with potentially different outcomes for couples. A void marriage is considered invalid from the moment it started. Voidable marriages are not necessarily invalid from the start, but there is the potential that they could be. Both void and voidable marriages can be annulled in Florida court; however, where all void marriages can be annulled, not every voidable marriage can be. In addition, there is no way to fix or make legal a void marriage, but it is possible in some voidable marriages to do so.
Types of Void Marriage
There are a few different ways that a marriage is deemed void in Florida. The state law provides that the following reasons behind a void marriage include:
A person cannot be legally married to more than one person. Section 826.01 states that “Whoever, having a husband or wife living, marries another person shall . . . be guilty of a felony of the third degree.”
Section 741.21 of the Florida Code states that “A man may not marry any woman to whom he is related by lineal consanguinity, nor his sister, nor his aunt, nor his niece. A woman may not marry any man to whom she is related by lineal consanguinity, nor her brother, nor her uncle, nor her nephew.”
If both spouses are underage and does not have consent from their parents at the time of the marriage it is considered void. However, Section 741.0405 provides that if both parties are expecting a child together, the court may allow an exception to this rule.
A person must be shown to be permanently mentally incapacitated in order for the marriage to be considered void under Florida law. The person must be completely and permanently unable to consent to marriage. If a person was temporarily mentally incapacitated either through mental illness or intoxication then the marriage is considered voidable.
Common Law Marriage
Florida Code Section 741.211 provides that “No common-law marriage entered into after January 1, 1968, shall be valid” and is considered void. However, the same section does provide that “nothing contained in this section shall affect any marriage which, though otherwise defective, was entered into by the party asserting such marriage in good faith and in substantial compliance with this chapter.”
Call a Florida Family Law Attorney
If you have questions regarding a void marriage, or have any other questions regarding divorce or family law in the Orlando area, let the experienced office of Steve W. Marsee, P.A. help. Call or contact the office today for a free and confidential consultation of your case.