Divorce is not the only way to end a marriage under Florida law. If you meet certain requirements, you could have the court issue an order that your marriage was never valid in the first place. This process is known as annulment.
If your marriage is annulled, there could still be lingering legal issues to address including child support or the division of your property. With the help of a skilled divorce attorney, you can navigate these challenges. Reach out to a Florida annulment lawyer today to learn more.
Ending Invalid Annulments
Annulments are different from divorces in that they end marriages that were legally invalid from the very beginning. This differs from a divorce, where two lawfully married people choose to bring their union to an end. This is important to some people, as it means they were never married, for all intents and purposes. For example, annulment is a way to end a marriage for people whose religion prevents them from divorcing.
The process for annulment is similar to a divorce case, in that you must file a petition with the court. This document has to explain your grounds for ending the marriage, and before the case can move forward, you will need to serve a copy of the petition on your spouse.
In most cases, annulments reset the parties to the position they were in before. There is generally no marital property, and alimony is only required under limited circumstances. Of course, there could still be issues regarding child support and visitation. Those issues would be no different if you were unmarried, however.
Because of the unique nature of these proceedings, it is vital that you have the support of a skilled legal counsel. Reach out to a Florida annulment attorney as soon as possible to discuss your options.
What Are Florida’s Grounds for Annulment?
In order to qualify for annulment, your marriage must meet one of the grounds recognized under state law. With the help of our Florida annulment attorneys, you could get the representation you deserve.
Bigamy
Under the law, you can only be married to one person at a time. Despite that, some people attempt to wed even though they are still legally married to someone else. Even if the marriage license is initially issued, the second marriage, and any that follow, is inherently void.
Lack of Capacity
A person who lacks mental capacity cannot agree to get married. This might be because a spouse was dealing with a temporary mental health issue or under the influence of drugs.
Age
While there are few legal requirements for getting married in Florida, one that is strictly enforce relates to a person’s age. In general, you cannot get married until both you and your spouse are 18 years of age or older. However, there is an exception if you are at least 17, you have parental consent, and the person you are marrying is not more than 2 years older than you.
Duress
Marriage must be consensual. That means if a person only agrees to a marriage due to fraud, duress, or threats, they did not fully consent to be married. You have the chance to secure an annulment on these grounds.
Talk to a Florida Annulment Attorney Today
Before you attempt to divorce, it may be worthwhile to consider the possibility of having your marriage annulled. While these proceedings are uncommon, the end result could be the best possible outcome for you and your loved ones.
The Florida Probate & Family Law Firm is here to help you navigate the legal system. For a free case evaluation with a Florida annulment lawyer, reach out right away.