Marriage is intended to be forever, but sometimes trust is broken, or other circumstances constitute a failed marriage. It may result in the need for an annulment or a divorce. But what is an annulment in Florida, and how does a broken marriage qualify? A civil annulment is a legal process that nullifies a marriage as if it never existed. Florida law does not specifically address annulments. However, it is possible to get an annulment as Florida’s appellate courts have issued precedents that constitute the law.
An annulment differs from a divorce. In a divorce, the court recognizes the marriage and breaks the marital contract. When an annulment is granted, it is as if the marriage never happened. There are two types of annulments under the law. They can either be void or voidable. A void annulment is for a marriage that never should have been permitted under the law. In a voidable annulment, a marriage remains in effect until proved otherwise in a court of law.
In Florida, there is no time limit to file a petition for a marriage annulment. However, an annulment can only be granted in limited circumstances. The spouse filing for an annulment has the burden of proof to justify voiding the marriage. Unlike a divorce proceeding, a judge does not address the equitable division of property. Instead, the court leaves both parties to determine their finances. Generally, they are left in the same financial position they were in before the marriage.
An annulment does not affect parental rights if there are children involved. The court will determine child custody, support, and visitation through a parenting plan. The court may consider alimony awarded to one spouse if they were the victim in a fraudulent marriage. An annulment releases both parties from the terms of a prenuptial or postnuptial agreement.
Legal Justifications for Void and Voidable Annulments may include:
At Llabona Law Group, we understand the emotional hardship you are experiencing if you or your spouse are pursuing an annulment. Attorneys Lusan and Nelson Llabona are here for you, every step of the way, during this difficult time. We are experienced annulment attorneys that will evaluate your case and discuss whether or not you meet the criteria for an annulment and your options.
The evidentiary requirements for an annulment are complicated. Let us assist by navigating the legal process and expediting the proceeding. If your circumstances do not qualify you for an annulment, you may want to file for divorce. Our family law attorneys have successfully represented countless clients in divorce. We handle child support, alimony, child custody, timesharing, paternity, all other family law matters and legal proceedings. We want to help you move forward with a better future. Call our Orlando office for a consultation today.