Thinking Of Getting An Annulment In Florida?

Thinking of Getting an Annulment in Florida?If you are considering an annulment in Florida, it is important to work with experienced attorneys who can help you understand the legal process and your options. At HAWM Law, we know that each client’s needs are unique. That is why we are committed to representing Central Florida residents with quality and tailored legal representation when they need it most.

What is an Annulment?

The two ways to legally end a marriage are divorce and annulment. The key difference between the two legal processes is that parties can only seek an annulment where the marriage is invalid and never should have existed in the first place. Here are the requirements of a valid marriage in Florida:

  1. A marriage license issued by a judge or clerk of court, and
  2. A ceremony with an official or a notary.

Do I Qualify for an Annulment?

There is no Florida statute that spells out the basis for annulments, rather it comes from case law in the state. The following are automatic grounds for receiving an annulment, these are called void marriages:

  • Bigamy: One of the spouses is married to two or more people.
  • Incest: Spouses are related, for example, the law prohibits cousins from marrying.
  • Mental Incapacity: One spouse could not give the proper consent to a marriage because they were not of sound mind in some capacity. For example, one or both spouses were under the influence of illegal drugs at the ceremony and could not legally provide consent to the marriage.

Our family law attorneys are focused on efficiently and effectively preparing clients for the most difficult circumstances. The attorneys at HAWM law have experience dealing with an array of family law matters and can prepare the necessary and often unique strategy and tools that your family may require.

There are also voidable marriages, which are unions that may have seemed valid, but either party can argue should have never been permitted under the law. Here are the grounds for a voidable marriage:

  • Duress: Forced into the marriage through undue pressure or coercion.
  • Fraud: One spouse intentionally tricks the other into marriage through conditions that would have influenced the other party’s decision to enter into the marriage. For example, the spouse intentionally misrepresents an important fact to the other party, and that party relies on the misrepresentation when getting married.
  • Minors: One or both spouses were not old enough to marry legally, and the parents did not provide consent.

What Happens if the Annulment is Granted?

If your annulment is granted, the law will treat the marriage as if it never happened. Therefore, the process is much different from a divorce as there are no marital assets to divide between the parties. Instead, each party leaves the relationship with the assets they had when they entered. Further, there is also no alimony for the same reason – unless the case is extreme. For example, in one case, the court awarded one party with alimony as the couple was ‘married’ for 21 years, and one spouse was an innocent party.

How Can HAWM Law Help?

Our talented family law attorneys can help you with every step of the annulment process. For example, we can help you file the annulment petition with the court and other required forms. Additionally, if you have questions about the legal process, how to divide property, or anything else relating to the separation, we can help. Family law is extremely complicated and can be emotionally draining, our compassionate representation will help you navigate this difficult time and will make all the difference in your case.

Translate »