How Do I Annul a Marriage if theSpouse Lied About His Addiction?
Full Question:
Answer:
It is possible to get an annulment when one person misrepresented or concealed that he/she suffered from alcohol, drug, or gambling addiction. Marriages can be formally terminated either by dissolution or by annulment. An annulment is usually preferred for religious reasons, and is accompanied by a church annulment procedure. A decree annulling a marriage is grounded on the fact that a valid marriage never existed, either because the marriage was void or voidable. A void or voidable marriage may be terminated by dissolution or annulment.
Florida has no special rule or statute which governs annulment. The general venue statute is followed and the action is commenced in circuit court. The proceeding may be brought by the innocent party, by his or her heirs or legal guardian. The action may not, however, be maintained by an alleged next friend of an incompetent adult. The action may apparently be brought at any time. In New York, the legal action to declare a marriage annulled is brought in the Supreme Court of New York. Note that, in New York, the Supreme Court is not the highest court. It is the court of general jurisdiction.
With the proper factual situation, the courts might allow parents to seek annulment of the marriage of an underage child, when in the best interest of the child, since some other contracts made by under age children may be set aside upon the initiative of their parents or guardians.
Annulment is an appropriate method of termination of the marriage where one of the parties lacked the capacity to contract; either because of a prior existing marriage, extreme intoxication or lack of the requisite mental capacity.
A lack of physical capacity to consummate the marriage may also be sufficient grounds for annulment, although impotency should not be confused with sterility.
If the lack of intent to contract or to fulfill the contract can be proven, the marriage can be annulled. Lack of consent to the marriage can manifest itself in a marriage ceremony held in jest. A marriage was annulled where the older brother of the father of a woman's child married her solely for the purpose of preventing the child from being illegitimate and with no intent that the marriage be consummated.
A marriage induced by fraud and deceit can be annulled where the marriage has not been consummated. Misrepresentation of pregnancy, alone, has been held an insufficient reason for annulment. It appears, however, that sexual intercourse operates as a complete ratification of a marriage otherwise voidable.
A marriage entered into under duress may be annulled if the duress dominated throughout the relationship of the parties to the extent that one party was prevented from acting as a free agent.
Despite the fact that the contesting party may prove some of the previously mentioned defects in the marriage, annulment may not be allowed, where that party has ratified the marriage. If the person seeking annulment is aware of the defects and nevertheless confirms the marriage, it is deemed ratified and not later subject to annulment. In effect, the complaining party has waived his right to contest the contract, unless it can be shown that the person ratifying the agreement was not aware of all of the material facts and therefore could not have knowingly waived his rights. See Lambertini v. Lambertini, where the Third District Court of Appeal reversed the granting of an annulment where the parties cohabitated for thirty years, held themselves out as husband and wife, bought property as tenants by the entireties, bore and raised two children and the testimony showed the parties reasonably relied on the marriage.
Under Florida law dissolution of marriage is not based on fault of one or both of the parties. There are only two grounds for a divorce in Florida:
1. The marriage is irretrievably broken, or broken, or
2. One of the parties is mentally incompetent.
Additional requirements are that one spouse must have lived in Florida for at least 6 months immediately prior to filing of the dissolution of marriage. Florida must have jurisdiction over the other spouse or that spouse must consent to jurisdiction if they are not also a resident of Florida.
The ground for dissolution based on the incompetence of one of the parties is not commonly used. It cannot be used unless the party alleged to be incompetent has been held to be incompetent by a judge for a period of at least three years.
The common way to obtain a divorce is through the irretrievably broken means and what that means is that the parties have differences or disputes that cannot be settled and they must be so serious that they have caused the total and complete breakdown of the marriage.
The court has the option if there are minor children involved or if one of the parties denies that the marriage is irretrievably broken to order counseling for a period of three months or to take other such actions that may be in the best interest of the parties and or the minor children.
Please see the following NY statutes:
§ 140 Dom. Rel. Action for judgment declaring nullity of void marriages
or annulling voidable marriage.
(a) Former husband or wife living. An action to declare the nullity of a
void marriage upon the ground that the former husband or wife of one of the
parties was living, the former marriage being in force, may be maintained
by either of the parties during the life-time of the other, or by the
former husband or wife.
(b) Party under age of consent. An action to annul a marriage on the
ground that one or both of the parties had not attained the age of legal
consent may be maintained by the infant, or by either parent of the infant,
or by the guardian of the infant's person; or the court may allow the
action to be maintained by any person as the next friend of the infant. But
a marriage shall not be annulled under this subdivision at the suit of a
party who was of the age of legal consent when it was contracted, or by a
party who for any time after he or she attained that age freely cohabited
with the other party as husband or wife.
(c) Party a mentally retarded person or mentally ill person. An action to
annul a marriage on the ground that one of the parties thereto was a
mentally retarded person may be maintained at any time during the life-time
of either party by any relative of a mentally retarded person, who has an
interest to avoid the marriage. An action to annul a marriage on the ground
that one of the parties thereto was a mentally ill person may be maintained
at any time during the continuance of the mental illness, or, after the
death of the mentally ill person in that condition, and during the life of
the other party to the marriage, by any relative of the mentally ill person
who has an interest to avoid the marriage. Such an action may also be
maintained by the mentally ill person at any time after restoration to a
sound mind; but in that case, the marriage should not be annulled if it
appears that the parties freely cohabited as husband and wife after the
mentally ill person was restored to a sound mind. Where one of the parties
to a marriage was a mentally ill person at the time of the marriage, an
action may also be maintained by the other party at any time during the
continuance of the mental illness, provided the plaintiff did not know of
the mental illness at the time of the marriage. Where no relative of the
mentally retarded person or mentally ill person brings an action to annul
the marriage and the mentally ill person is not restored to sound mind, the
court may allow an action for that purpose to be maintained at any time
during the life-time of both the parties to the marriage, by any person as
the next friend of the mentally retarded person or mentally ill person.
(d) Physical incapacity. An action to annul a marriage on the ground that
one of the parties was physically incapable of entering into the marriage
state may be maintained by the injured party against the party whose
incapacity is alleged; or such an action may be maintained by the party who
was incapable against the other party, provided the incapable party was
unaware of the incapacity at the time of marriage, or if aware of such
incapacity, did not know it was incurable. Such an action can be maintained
only where an incapacity continues and is incurable, and must be commenced
before five years have expired since the marriage.
(e) Consent by force, duress or fraud. An action to annul a marriage on
the ground that the consent of one of the parties thereto was obtained by
force or duress may be maintained at any time by the party whose consent
was so obtained. An action to annul a marriage on the ground that the
consent of one of the parties thereto was obtained by fraud may be
maintained by the party whose consent was so obtained within the
limitations of time for enforcing a civil remedy of the civil practice law
and rules. Any such action may also be maintained during the life-time of
the other party by the parent, or the guardian of the person of the party
whose consent was so obtained, or by any relative of that party who has an
interest to avoid the marriage, provided that in an action to annul a
marriage on the ground of fraud the limitation prescribed in the civil
practice law and rules has not run. But a marriage shall not be annulled on
the ground of force or duress if it appears that, at any time before the
commencement of the action, the parties thereto voluntarily cohabited as
husband and wife; or on the ground of fraud, if it appears that, at any
time before the commencement thereof, the parties voluntarily cohabited as
husband and wife, with a full knowledge of the facts constituting the
fraud.
(f) Incurable mental illness for five years. An action to annul a
marriage upon the ground that one of the parties has been incurably
mentally ill for a period of five years or more may be maintained by or on
behalf of either of the parties to such marriage.
§ 144 Dom. Rel. Proof required.
1. In an action to annul a marriage, a final judgment annulling the
marriage shall not be rendered by default for want of an appearance or
pleading, or by consent, or upon a trial of an issue, without proof of the
facts upon which the allegation of nullity is founded. Plaintiff shall
prove that there has been no such cohabitation between the parties as
would bar a judgment except that in an action under subdivision (c) of
section one hundred forty the plaintiff may prove instead that the mental
illness still continues.
2. In any action, whether or not contested, brought to annul a marriage,
the declaration or confession of either party to the marriage is not alone
sufficient as proof, but other satisfactory evidence of the facts must be
produced.