Other Topics Flashcards
What is required in order to have a valid marriage?
(1) Application from county judge or clerk of circuit court;
(2) Issuance of a license; and
(3) Solemnization by ordained minister, clergy, all judicial officers, clerks of the circuit court, or notaries.
What happens when a marriage is void?
- Marriage is a nullity from inception.
- Impediment is total bar.
- Issued may be raised in any court proceeding.
- Anyone may raise the issue.
- Issue may be raised at any time.
- Children are illegitimate.
- Consummation has no effect on validity of marriage.
When happens when a marriage is voidable?
- Marriage is valid until annulled.
- Impediment can be cured.
- Issue may be raised only in direct proceeding.
- Only innocent party has cause of action to raise the issue.
- Issue may be raised only while both parties are alive and defect not cured or ratified.
- Child is legitimate even if marriage is annulled.
- Consummation may affect validity of marriage.
What statute governs annulments in FL?
There is no statute. It is based on common law. Validity or invalidity of a marriage has been examined through either capacity and consent.
Is a bigamous marriage void or voidable?
Void.
Grounds upon which a marriage may be annulled?
Fraud, duress/undue influence, lack of mental capacity, sham marriage, no consummation
What are defenses to annulment?
Laches/equitable estoppel, ratification of the fraud, clean hands
What are some examples of torts that may be joined in an action for dissolution of marriage?
(1) Assault and battery.
(2) Intentional infliction of emotional distress.
(3) Negligent or intentional infliction of venereal disease.
(4) Intentional interference with custody (brought against a nonparent such as grandparents for kidnapping child.
(5) Wiretapping.
(6) Fraud.
What are the four of extraordinary writs?
- Writ of certiorari
- Writ of prohibition
- Writ of mandamus
- Writ of quo warranto.
