Have you ever wondered if you can annul your marriage in Florida? At Tampa Divorce Attorney, we have years of experience in helping people like you through the annulment process. An annulment can be a good option for those who need a fresh start due to a marriage that was never legally valid. Read on to discover how we can assist you in making the best choice for your future.
Based on Florida law, annulments are rare and usually granted only in cases of fraud, bigamy, or impotence. The marriage must be voidable, meaning it was invalid from the start. Divorce is more commonly used to end marriages in Florida.
What is an Annulment?
An annulment erases a marriage, making it legally vanish as if it never existed.
In short, an annulment is different from a divorce. While a divorce ends a legal marriage, an annulment says the marriage was never valid in the first place. Reasons for an annulment can include things like fraud, pressure to get married, one person being too young or already married. Each place has its own rules for annulments, but common reasons are lack of consent, not being able to have sex, or lies and deceit.
In the most basic sense, annulments can also be granted for illegal marriages, such as between close family members or if one person was not mentally capable of agreeing to the marriage. To get an annulment, you usually need to file a request with the court, provide proof of your reasons, and go to a hearing. If the court agrees, the marriage is treated as if it never happened, and both people can marry someone else.
Annulments can have important legal, money-related, and social effects, so you should talk to a lawyer if you are thinking about getting one.
Grounds for Annulment in Florida
In Florida, a marriage can be annulled if it involves bigamy, mental incapacity, underage parties, force or fraud, or incest.
You know, bigamy means one person is already married to someone else when they get married again. Mental incapacity means one or both people couldn’t understand what getting married means. An underage spouse is someone who isn’t old enough to legally agree to get married.
To simplify, force or fraud means one person was forced or tricked into the marriage. Incest is when close family members marry each other. These reasons can be used to ask for an annulment in Florida.
Steps to File for Annulment
Building upon the previous idea to file for annulment, one must have reasons like fraud, bigamy, or lack of consent.
In a basic sense, first, you’ll need to gather important papers, like your marriage certificate and any proof to support your case. Then, you have to prepare and file a request for annulment with the court, explaining why you want the annulment. You might need to give the other person a copy of your request and go to a court hearing.
By and large, at the hearing, you’ll need to explain your situation and show any evidence you have. The court will then decide if they will grant the annulment. If granted, the marriage will be considered as if it never happened. It’s important to follow all the legal steps and get advice from a lawyer to make sure everything is done right.
Annulment vs. Divorce: Key Differences
In the preceding section, annulment voids a marriage as if it never happened, while divorce legally ends a valid marriage.
Basically, a divorce is when two people legally end their marriage. It means their marriage was officially recognized before, but now they want to terminate it. An annulment, however, is a legal declaration that says the marriage was never valid in the first place, as if it never happened.
The main difference between divorce and annulment is the reasons you can get each one. For a divorce, you need to show that the marriage has broken down beyond repair, usually because of cheating, abuse, or constant arguments. For an annulment, you need specific reasons like fraud, one partner being already married to someone else, or one partner not agreeing to the marriage.
In concise terms, another difference is what happens after. With a divorce, the marriage is officially ended, and both people can marry again. Any property or assets they got while married may need to be split between them. With an annulment, it’s like the marriage never existed, and both people go back to being single as if they were never married. This can change how property and spousal support are handled.
In short, both annulment and divorce end a marriage, but they do so for different reasons and have different legal results.
Legal Effects of Annulment in Florida
From what we figured out before, in Florida, an annulment legally declares a marriage null and void, effectively erasing its existence from the start.
At the base, an annulment can be granted for reasons like fraud, bigamy, or if one person can’t fulfill their marital duties. When an annulment is finalized, it’s as if the marriage never happened. This means the couple does not have the same rights as those who get divorced. For instance, property is not divided, and alimony is typically not given unless there are special reasons.
To outline briefly, however, children from the annulled marriage are still considered legitimate, and both parents must care for and support them financially. Annulment can have lasting legal effects, such as impacting inheritance, social security benefits, and immigration status. The legal impact of annulling a marriage in Florida can be complicated and depends on each specific case.
The End Note
Continuing from earlier talks, in Florida, annulment provides a legal process for couples to declare their marriage invalid under specific circumstances.
What Tampa Divorce Attorney is recommending to keep up with is, that the requirements for annulment in Florida are strict and must be met for the court to grant the annulment. It is a valuable option for those seeking to dissolve a marriage that was never legally valid.
