****Free Legal Tip of The Week**** Last week my wife and I celebrated our anniversary, and although it was only our second year being married, I was truly appreciative of the fact that our union is still going strong. It does not miss me that a lot of couples find themselves leaving the marriage despite only being married for a relatively short period of time. In fact the short period of time of the marriage allows certain legal avenues to those seeking a divorce. Which brings us today’s topic of annulment. An annulment is both parties acting as if the marriage never truly happened, or never existed. There are different avenues one can take. A. Recrimination (Unclean Hands)- Is a defense that arises when both parties have grounds for annulment the theory is that since neither party comes to the court with “clean hands” the court should not intervene & grant relief to either party B. Condenation- If a marriage voidable, the conduct of continuing cohabitation after discovery of the defects can be treated as condenation. The party w/ the cause of action may be barred from bringing an annulment suit C. Laches- no statute limits the time w/ which an annulment action may be initiated, but failure to timely commence the action can subject it to the equitable defense of laches D. Ratification- A marriage that is voidable for lack of mental capacity of the parties may be ratified by later conduct of the spouse with cause of action. For example, a person married while intoxicated might ratify the marriage by his conduct after becoming sober. The other party may assert this as a defense in an action for annulment Now there are defenses to annulment- [grounds for annulment must exist at the time of the wedding]- lack of consent, lack of capacity, no intent to be bound, bigamy, or polygamy, incest, age, incurable impotence. I do not advocate divorce or annulment of any type. However, sometimes people are just not made for one another and if after counseling, prayer and careful consideration you still feel that way. Then the above actions are available to you. If you or anyone you know is considering an annulment, please have them contact an Attorney. Office: 321-332-6136 “Creating A Success Story, One Client At A Time” (Disclaimer- Because of the popularity of ‘free legal tips’ (my inbox messages) I have to note that my tips are strictly Florida Law based, and therefore should not be assumed to apply to your local jurisdiction. Furthermore, a tip taken from my facebook page does not constitute any form of ‘legal advice’ in regards to any specific situation and therefore does not establish an attorney client relationship. You must consult with an Attorney if you want a specific need and/or question answered.)
Posted on: Mon, 30 Sep 2013 16:27:47 +0000
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