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. Divorce based on mental incompetence is not often used.
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. In a divorce the Court declares the marriage contract irretrievably broken; whereas in an annulment, the Court says that the marriage never happened. Annulments are much more difficult to prove and it is much rarer than divorce. I suggest you speak with a local divorce attorney to discuss your options. I hope this helps, good luck.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
This question may have immigration consequences depending on the nature of the relationship and any pending petitions/applications. From your question it is unclear what the immigration issues are if any . Consult with an immigration attorney who also does/knows family law if appropriate.
No attorney-client relationship is created or implied by this communication in any way. Consult a competent immigration attorney preferably one who is a member of the American Immigration Lawyers Association (AILA).
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