Brandon Annulment Attorney
Some people use the words “annulment” and “divorce” interchangeably, but the truth is that they are not the same. While they are both actions to end a marriage, there are different requirements involved for each.
A divorce ends a legal marriage. When a person is divorced, they are considered to have been married before. An annulment is different in that it makes the marriage null and void. It treats the marriage as if it never happened. If a person gets an annulment, they can truthfully say that they have never been married.
Another main difference between a divorce and an annulment is that a divorce can be initiated at any time during the marriage. You can file for divorce the day after your marriage, a few months later, a few years later, or even 50 years later. There is no time limit or deadline.
In the case of an annulment, though, there needs to be grounds for one. Annulments are typically done in cases of fraud, where the marriage was never legal to begin with. Therefore, annulments are typically done early on in the marriage, as it becomes difficult to find proof to get a marriage annulled years later.
This is especially true in Florida. State law allows illegitimate marriages to become valid through the act of consummating the marriage, or having sex. What this means is that if the wronged spouse has sex with their spouse regardless of the wrongdoing, then they waive their right to an annulment.
When Can a Marriage Be Annulled?
A marriage can be ended with an annulment in the following situations:
- There is bigamy involved (one person is already married to someone else).
- There is incest involved (the couple is closely related).
- Both parties are underage and unable to consent to marriage.
- One person is mentally incapacitated and unable to consent to marriage.
- One or both parties were under the influence of drugs or alcohol at the time of the wedding.
- One party tricked the other into marriage through lies or deceit.
- One person was forced or coerced into the marriage.
- One person entered the marriage as a joke.
Getting an Annulment
To get an annulment, you must file for one in Florida’s circuit courts. Since the state presumes that marriages are legal, you’ll need sufficient proof that the marriage was invalid. Therefore, the petition needs to thoroughly explain why the marriage is void. The other spouse has the right to file for a divorce instead, so depending on the situation, it’s possible that the court would grant you a divorce instead.
Whether you get a divorce or an annulment, there are many elements involved. Speak to a lawyer about your options.
Contact a Brandon Family Law Attorney Today
There are differences between an annulment and a divorce. If you no longer want to be married, find out which option is best for you.
Brandon annulment attorney Stephanie Koether from Koether Law, P.A. can help you understand Florida laws surrounding divorces and annulments. She understands the process can be highly emotional, so she can help you through it with ease. Schedule a consultation today to learn more.
