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#1
07-10-2005, 02:07 PM
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 Annulment? Divorce? What do i do?What is the name of your state?What is the name of your state? Florida First off hello to everyone. I have a little situation here with a few questions. Hopefully someone can enlighten me a bit on what to do. Okay here is the problem. I have been dating someone for a year and half now. A week ago she went to Nicaragua with her sister. While she was over there she got pressured by her evil sister among others, to marry her cousin to get him here to the states. She felt overwhelmed by their poverty and made a hastefull decision without thinking of the repercussions that it would cost her relationship and her life. This marriage according to her was done with a signature in some church or place. I believe it is called a civil marriage? Correct me if i am wrong. They obviously did not care about her and used her to overcome their situation and problems. This goes against all my beliefs and i was forced to breakup with her because of my pride and the simple fact that i will not be dating a "married woman". She really messed up and regrets what she did but is also nervous about the outcome of all of this. According to her, she has no papers from this. This Wednesday i will be going to see a lawyer on a different matter altogether. She feels ashamed about what she did and is begging me to take her back. I told her if she wanted to save this relationship that she would have to get an annulment. Problem is i do not really know what i am talking about. All i know is that what she did was illegal. I have no clue of the process that she will have to go through. I hope that someone on here can shed a little light on the situation for me, so that this Wednesday when i go see my lawyer about my other matter, i can take her with me and be prepared to get this situation started and resolved. What documents if any will she need to take with her? Thank you all for taking the time to read this. |
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#2
07-10-2005, 03:07 PM
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Now, if she DOES attempt to use that marriage in order to get him into the United States legally....then maybe she would be doing something illegal. |
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#3
07-10-2005, 03:08 PM
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For specific consular questions, please address them directly to: [email]ConsularManagua@state.gov[/email] FLORIDA ANNULMENT OF MARRIAGE 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. 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.
__________________ I am not an arborist. |
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#4
07-10-2005, 05:24 PM
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| Thank you for your replys. I will have my brother contact the Embassy in Washington since he lives there and i will email the Consular with some questions to find out if its registered. Thanks again.  |
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