Lehigh Acres, FL Divorce Law Firms & Lawyers

 Since your husband is in prison, did you have an opportunity to consummate the marriage?  Under Florida law, failure to consummate the marriage is one of the grounds for an annulment    Although there is not a specific Florida statute governing annulment, other grounds to petition the court for annulment include lack of capacity to contract for the marriage because one of the parties is already married, was intoxicated at the time of the marriage (by that, we mean intoxicated to the point of not knowing what one was doing), or did not have the mental capacity to enter into the marriage.  Other grounds include entering into the marriage by fraud or deceit. However, based on your circumstances, the lack of consummation may be your best bet.  Alternatively, you can file for divorce.  Since no children were born of the marriage, and since, presumably, there are no assets or liabilities to divide, Florida statutes guaranty that you can get divorced.    Good luck,    Cindy Vova    Law Office of Cindy S. Vova, P.A.    8551 West Sunrise Blvd., Suite 301    Plantation, FL 33322    954-316-3496    info@vovalaw.com

From the limited information you provided, it is challenging to answer your question. Generally, annulment requires that the marriage be void or voidable from its inception, such as resulting from fraud or not being single/divorced at the time of the marriage, and not merely as the result of failure to consummate the marriage alone. Annulment is a fact-intensive form of relief, so it may possibly be available to you, so you should confer with an attorney with whom you can discuss all of the facts of your case at length and in detail, so that you can learn your options and if annulment is a viable option for you.

Talking to a skilled real estate lawyer would help. But you can send him a notice in accordance with local law evicting him. If he does not move out, you can get a court order, and very likely a 'writ of assistance' directing the sheriff to remove him. Be sure he has no way to get back in the house, and follow common sense in terms of security: lock the house when you are in it or leave it, lock the windows. Have your car close to the house. You might want to change the locks as soon as you have the order evicting him, and notify the local police if you feel insecure.