In Florida, an annulment can be used in place of a divorce to dissolve a marriage as if it never existed.
If you suspect that your marriage should not be binding, a Fort Lauderdale annulment lawyer can investigate the situation and help you file in court. With a knowledgeable divorce attorney on your side, you can annul a marriage and reclaim your independence.
How to Obtain an Annulment
An annulment is based on the invalidity of a marriage from its beginning, and allows a court to reverse the legal effects of the relationship. A marriage can be considered invalid based on a few different factors, such as fraud or duress.
A marriage could be considered invalid and annulled if entered into based on a spouse’s fraud, which refers to a misrepresentation of facts that a spouse relies on to enter a marriage. In such instances, the individual who realizes their spouse has committed fraud must act quickly to get an annulment.
Duress can also be grounds for an annulment if it was the only reason a person entered the marriage to begin with. To be considered, the duress needs to be strong enough to deprive a person of another rational choice. In other words, similar to fraud, the spouse who married under duress must end the relationship rather than accept its benefits in order to get an annulment. Bigamy—a person having multiple marriages—can also act as grounds for an annulment, making a marriage void.
Your Fort Lauderdale attorney can help determine whether an annulment is available to you. If an annulment is possible, your lawyer can help you file appropriately.
Getting an Annulment to End an Invalid Marriage
An experienced lawyer can guide you through the process of getting an annulment in Fort Lauderdale, including helping you with the necessary filing and explaining any fees that must be paid. A petition filed with a Florida court must explain why your marriage should not be valid and why an annulment should be granted to remove it.
An annulment could be contested by your spouse, in which case you and your attorney will file additional evidence and information. A judge’s decision may require a hearing, or even multiple hearings,.
The results of an annulment can vary, though the legal relationship between former spouses will be abolished. Unlike a divorce, and because an annulment erases a marriage’s existence, the granting of alimony will depend on the exact circumstances and the judge’s discretion. Therefore, there is no co-owned marital property, and an annulment merely resets each person to how they were before the marriage began.
Speak to a Fort Lauderdale Annulment Attorney About Your Case Today
Seeking an annulment can help you get out of an invalid marriage and may be preferable to divorce. A Fort Lauderdale annulment lawyer from The Florida Probate & Family Law Firm can evaluate your situation and whether an annulment makes sense for you. Contact our offices to schedule an appointment and learn more.