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Understanding Annulment In Florida

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A divorce is not the only way to legally end a marriage. Have you ever wished you could go back in time and keep your marriage from happening? Well, an annulment basically does just that…in the eyes of the law at least. Unlike a divorce which dissolves a marriage and divides all assets amassed during it, an annulment undoes a marriage and declares that it never existed in the first place. If this sounds too good to be true, it just might be. There are only narrow circumstances in which annulments will be granted in Florida. Read on to learn whether you might qualify.

Grounds for Annulment

In order to get a divorce in Florida the parties must state that they have irreconcilable differences. This is a different process than is used to determine whether an annulment should be granted. An annulment can only be granted in cases where a marriage shouldn’t have existed in the first place. There are two kinds of annulments, these are known as marriages that are void and voidable. If you have questions about whether your marriage qualifies for an annulment or if you will need to file for divorce, the best course of action is to contact an experienced Florida divorce lawyer directly and schedule a consultation. This will allow you to ensure that you are receiving feedback and advice specific to the unique facts and circumstances of your case.

Void vs. Voidable Marriages and Annulments

Annulments may be granted in Florida for marriages that are either void or that are voidable. Void marriages are marriages that could not legally be completed, and thus were never legally legitimate in the first place. A marriage may be void if one or both of the parties were already legally married at the time they were married to this new spouse, or where one of the spouses was under the legal age required to marry, or where the spouses were related. Another instance of a marriage being void could be if the officiant did not possess the proper credentials. All of these situations would keep the spouses from ever having actually entered a legally recognized marriage that meets the requirements of state law. For this reason, their marriage is void and will be treated as if it never happened. On the other hand, a voidable marriage is one where all legal requirements were met and a legal marriage took place, but information obtained after the fact gives cause to undo the marriage. For instance, if someone entered a legal marriage while legally insane or suffering from temporary insanity, this would render their marriage voidable. If they then chose to annul the marriage, the annulment could be granted, and legally their marriage would be treated as never having taken place. Voidable marriages also occur if the marriage took place under duress.

Contact Greater Orlando Family Law Today

If you need a divorce or an annulment, the experienced Orlando family law attorneys at Greater Orlando Family Law are ready to help. Contact us today to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

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