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Many of us have heard of the term annulment, but do we all know what it legally means? It is easy to assume that annulment refers to the termination of a marriage or another term for divorce. However, there are differences between an annulment and divorce.
Divorce is the termination of a valid marriage between people, while annulments state that the marriage was never a proper union between two individuals. This difference is what differentiates an annulment from a divorce in the courts.
However, in Florida, there are no explicit laws that establish procedures for annulments. If you are wondering if you qualify for an annulment, don’t worry. Our team here at Orshan, Spann & Fernandez-Mesa can help explain the qualifications for annulment.
Florida Annulment Criteria
To qualify for an annulment in Florida, you have to meet specific criteria. The criteria for annulments are:
- Bigamy: This refers to when one spouse is married to multiple partners. It is illegal to have multiple marriages, which allows for annulment to take place.
- Forced or Threatened: If you were forced into the marriage by your spouse, you could also file for an annulment.
- No Consent: If there was a lack of consent in the marriage, or if one party is mentally incapacitated and cannot make decisions, annulment is allowed. This also includes when parties are underaged and do not have consent from their parents.
- Fraud and Impotence: If your spouse has kept information from you that drastically changes the status of your relationship, you may qualify for an annulment. This includes withholding information such as impotence.
Filing for Annulments in Florida
If you can demonstrate one of the above criteria in your marriage, then you can attempt to proceed with an annulment in the state of Florida. The process after annulment differs from divorce. Typically, there are marital assets and property divisions to worry about. However, annulments void the marriage entirely, eradicating any shared or marital assets. Furthermore, it is vital to keep in mind that it is difficult to obtain an annulment than divorce.
Seek Legal Help From Orshan, Spann & Fernandez-Mesa
Are you thinking about annulling your marriage in the state of Florida? Don’t feel like you have to do it alone. We here at Orshan, Spann & Fernandez-Mesa can help you figure out if you qualify for an annulment in our state. Call us today at (305) 853-9161 for assistance on your case!