Legal Question in Family Law in Florida

Annulment or Divorce

I am newly married (less than 30 days) I have learned that my wife has the herpes virus and I would like to annul my marriage. What is the time frame that I have that I can have the marriage annuled or divorced. If I have signed a lease with her is there a way that I can negociate my way out of the lease withour minimum financial loss?


Asked on 10/14/06, 6:16 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Annulment or Divorce

1. Florida has no annulment, just marriage dissolution. This requires one party to have resided in Florida for 6 months and a marriage that is irretrievably broken. Fraud would qualify.

2. Read you lease to see if their is a procedure for termination. If not, you will have to negotiate with the landlord. Good luck.

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Answered on 10/14/06, 6:43 am
Thomas Rosenblum Rosenblum Law Offices

Re: Annulment or Divorce

I cannot give you a formal legal opinion as I would need more facts, but I can tell you some about Fla. Law and where to review those.

Our law allows for annulment before the marriage is consumated and if there was fraud that induced you into the marriage. I believe the last time I researched this, there was no time limit on when you could bring this action. I had a case where the parties were married for a few months, but we filed for annulment, both parties were consenting and the judge was understanding and signed the Judgment! The longer one waits, the more difficult it may be. As stated, one of the factors is that the marriage was not consumated.

You may want to look the Statute up by searching Florida Statutes on line. As you know, you could always file for a divorce.

The lease issue would probably need to be negotiated with the landlord.

If I can be of any assistance, please contact my office. Tom Rosenblum

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Answered on 10/19/06, 10:01 am


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