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What kinds of marriages are illegal in Florida?

| Mar 27, 2019 | Family Law |

There are certain times when marriages are not legal in the state of Florida. For example, did you know that you are not able to marry if you are closely related to the person you want to be with? There is no legal marriage that can take place between people who are related by lineal consanguinity. That means sisters, brothers, uncles, nephews, nieces, and aunts are unable to marry one another if they are of the same bloodline.

Other marriages that are not allowed include common law marriages (after 1967) and bigamous marriages, which are felonious. If you are in a prohibited marriage, the marriage can be annulled, and you will not have to seek a divorce.

What are the grounds for an annulment in Florida?

The grounds for annulment in Florida include:

  • Lack of consent due to the influence of drugs or alcohol
  • Lack of consent due to mental incapacity
  • Fraud or misrepresentation used to obtain the consent from one spouse to marry
  • One spouse being underage at the time of the marriage without parental consent

Are same-sex marriages legalized in Florida?

Same-sex marriages have been legal nationally since June 26, 2015. At that time, the federal government canceled out all state laws that prohibited same-sex marriages. Interestingly, same-sex marriages were not recognized in Florida until 2015 despite other states making them legal much sooner. The decision, based on Obergefell v. Hodges, finds that banning same-sex marriages is unconstitutional and a violation of the 14th Amendment. Since that time, same-sex marriages have been legalized throughout the state.

If you have any trouble with your marriage or are seeking an annulment, it’s a good idea to get in touch with someone familiar with Florida’s laws. Our site has more on what to do if you’re involved in an illegal marriage.