Annulment Vs. Divorce In Florida

Maybe you are familiar with the process of annulment. Annulment differs from divorce in that instead of dissolving a marriage, an annulment essentially disappears a marriage, making it as if the marriage never happened in the first place. You may be reading this wondering why everyone doesn’t simply get an annulment. The answer is that in most cases, couples do not qualify for an annulment. Unlike a divorce which requires the individuals involved to have irreconcilable differences, an annulment applies only to a very small set of possible scenarios and situations. To find out whether you fall into the approved category of cases for an annulment, keep reading, or schedule a consultation with a Tampa, Florida divorce lawyer to get feedback catered to your individual case.

Should I Get an Annulment or a Divorce?

An annulment is only an option for couples who have either a void or voidable marriage. A void marriage occurs when the underlying marriage was never actually legal. This may happen because the couple did not meet the legal requirements for entering a legal union. For instance, if one or both of the spouses was already legally married, then they would not be able to enter a valid marriage. Even if they went through with the wedding and were issued a wedding certificate, the marriage would be void. Couples with a void marriage will qualify for an annulment. The annulment will allow them to wipe the marriage from their records and the law will treat it as though it never happened. Other situations involving void marriages occur where the spouses are too closely related to legally marry, where the marriage was entered into forcibly or under duress, where one spouse was underage and was too young to legally marry, and where the officiant of the marriage did not meet the legal requirements set out by state law. On the other hand, a couple can have a marriage that met the legal requirements at the time they entered into the marriage, but information that arose subsequently made the marriage voidable. A common example of a voidable marriage is one that occurs while one of the parties is temporarily insane or incompetent. Marriages entered into fraudulently may also be voidable. A voidable marriage will exist as a recognized legal marriage until the parties terminate it through an annulment. If your marriage does not meet the criteria for being void or voidable, then you do not qualify for an annulment, and will have to file for a divorce. Of course, it is always wise to speak with a divorce lawyer directly about your situation in order to get a comprehensive understanding of your options and to determine the best course of action for you to take.

Contact Bubley & Bubley, P.A. Today to Schedule a Consultation

The experienced Tampa divorce attorneys at Bubley & Bubley, P.A. are ready to help you determine the best way to dissolve your marriage, protect your assets, and move on with your life as quickly and painlessly as possible. Contact Bubley & Bubley, P.A. today to schedule a consultation.

Source:

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