Fort Lauderdale Divorce Lawyer Blog
In Florida, annulments are granted under narrow circumstances and require proof of a legal defect in the marriage. Simply regretting a marital decision or believing that a spouse entered the union under false pretenses does not meet the legal standard. This was illustrated in a recent Florida case in which the court discussed the evidentiary burden a party must meet to justify annulment and the deference courts give to established marital contracts. If you want to end your marriage, it is important to understand your options, and you should consult a Miami family law attorney as soon as possible.
Factual History and Procedural Background
It is reported that the husband sought an annulment of his marriage on the grounds that the marriage was never consummated and that the wife allegedly married him solely for immigration purposes. The husband further claimed the wife committed fraud by entering into the marriage without the intent to maintain a true marital relationship.
Allegedly, the trial court held a hearing and reviewed the testimony and evidence presented by both parties, after which the court found that the husband’s assertions were contradicted by the record. Reportedly, there was substantial evidence that the parties had, in fact, consummated the marriage and that the wife had not entered into the marriage solely to secure immigration benefits The husband challenged the trial court’s denial of his petition for annulment, asserting that the marriage was voidable due to fraud and should not be treated as a valid legal union.
Grounds for Granting an Annulment Under Florida Law
On review, the court affirmed the trial court’s ruling, holding that there was competent, substantial evidence supporting the finding that the marriage was valid. Under Florida law, annulments are only available in limited circumstances, such as when a marriage is void or voidable due to fraud, lack of capacity, duress, or failure to consummate under specific conditions.
The court referenced long-standing precedent stating that a validly contracted marriage cannot be dissolved by annulment absent a legally recognized basis. The evidence in the record did not support the husband’s claim of non-consummation or immigration fraud. Instead, the court found that the parties had entered into a legally binding marriage with the mutual intent to be married.
The court also noted that a challenge to the sufficiency of the trial court’s factual findings must be preserved through a timely motion for rehearing. The husband failed to do so, which precluded further review of whether the trial court made adequate factual determinations.
Contact a Knowledgeable Miami Family Law Attorney
Petitions for annulment face a high legal threshold, and courts are reluctant to invalidate a marriage without compelling proof of a defect at its inception. If you are seeking to dissolve a marriage and believe annulment may be appropriate, it is essential to consult legal counsel who can assess your case and explain your options. The experienced Miami family law attorneys at the Law Offices of Sandy T. Fox, P.A. are ready to help you navigate the complexities of marital law. Contact our office at 800-596-0579 or reach out through our online form to schedule a confidential consultation.