Annulment

Florida has no specific annulment statute. Courts rely on common law to grant annulments for void marriages (bigamy, incest under §741.21) and voidable marriages (fraud going to the 'essentials of marriage,' duress, mental incapacity, intoxication, underage without consent, or undisclosed impotence). No statutory time limit exists, but courts strongly presume marriage validity and may find ratification through continued cohabitation.

Fla. Stat. §741.21 (incestuous marriages prohibited); common law governs annulment procedure

California uses 'nullity of marriage' rather than 'annulment.' Void marriages (incest under §2200, bigamy under §2201) are invalid from inception without court action. Voidable marriages (§2210) may be annulled for minority, unsound mind, fraud, force, or physical incapacity. Strict statutes of limitations apply under §2211: fraud and force require filing within 4 years. California recognizes the 'putative spouse' doctrine, granting quasi-marital property rights to good-faith spouses.

Cal. Fam. Code §§2200–2201 (void), §§2210–2211 (voidable and time limits)

Texas uses 'suit to declare marriage void' (for void marriages) and 'annulment' (for voidable marriages). Void marriages include incest (§6.201), bigamy (§6.202), marriage to a minor under 18 (§6.205), and marriage between stepparent and stepchild (§6.206). Voidable grounds include intoxication (§6.105), impotence (§6.106), fraud/duress/force (§6.107), mental incapacity (§6.108), and concealed divorce (§6.109). Underage marriages must be challenged within 90 days of reaching legal age.

Tex. Fam. Code §§6.201–6.206 (void), §§6.102–6.111 (voidable)

New York distinguishes void marriages (bigamy under DRL §140(a), incest under DRL §5) from voidable marriages (DRL §140(b)–(f)): underage party, mental illness or developmental disability, physical incapacity (must be incurable, filed within 5 years), consent obtained by force/duress/fraud, or incurable mental illness for 5+ years (DRL §141, requiring three expert evaluations). Voluntary cohabitation after discovering fraud or cessation of force bars annulment.

N.Y. Dom. Rel. Law §§5–7 (void), §140 (voidable), §141 (mental illness)

Illinois uses 'declaration of invalidity of marriage' instead of 'annulment.' Grounds under §301 include lack of capacity (mental incapacity, intoxication, force, duress, or fraud going to essentials of marriage), physical incapacity to consummate, underage without required consent, or prohibited marriage. Time limits are strict: 90 days for fraud/incapacity/force, 1 year for physical incapacity (§302). Illinois recognizes putative spouse rights under §305.

750 ILCS 5/301 (grounds), 5/302 (time limits), 5/305 (putative spouse)

Ontario annulments are governed by the federal Annulment of Marriages Act (RSC 1970, c. A-14), which incorporates English annulment law as of July 15, 1870, alongside the provincial Marriage Act (RSO 1990, c. M.3). Grounds include: minor without parental consent, lack of mental capacity, non-consummation (the most common ground — must be incapacity, not refusal), fraud/duress/fear, bigamy, and prohibited degrees of relationship under the Marriage (Prohibited Degrees) Act. No desk-order process exists; a court appearance is required. Family Law Act obligations for support and property division may still apply.

Annulment of Marriages Act, RSC 1970, c. A-14; Marriage Act, RSO 1990, c. M.3; Marriage (Prohibited Degrees) Act, SC 1990, c. 46

British Columbia handles annulments through the Supreme Court with no desk-order process available. Grounds include lack of capacity (under age 19, bigamy), lack of valid consent (fraud, duress, mistake), prohibited degrees of relationship, and incurable physical incapacity to consummate unknown to the other party. Under the Family Law Act (SBC 2011, c. 25), if a voidable marriage is declared a nullity, the parties are deemed married until the date of the declaratory order for property division purposes. Spousal support and child support claims survive annulment.

Family Law Act, SBC 2011, c. 25 (property/support provisions); Marriage Act, RSBC 1996, c. 282

Quebec, as a civil law jurisdiction, governs annulment under the Civil Code of Québec (C.C.Q.). Article 380 allows nullity where marriage formalities were not respected or essential conditions were not met. Grounds include lack of free and enlightened consent (coercion, mental incapacity, intoxication), fraud (including immigration fraud, unlike Ontario), bigamy, prohibited degrees, failure to publish required notice, and physical incapacity. The limitation period is 3 years from solemnization, except for matters of public order (e.g., lack of free consent), which have no time bar.

Civil Code of Québec, art. 380 (nullity); arts. 392–396 (rights and duties of spouses)