When it comes down to deciding between getting a divorce with your partner or getting your short-term marriage annulled, what should be considered? Many people don’t understand the literalness of an annulment – when your marriage is annulled, it legally never happened. In an annulment, your marriage doesn’t and didn’t exist, which is why so many people decide to annul their marriages annually. Are you considering annulling your marriage instead of going through a divorce? Keep on reading to learn how to get a marriage annulment in Florida.
What Exactly is a Marriage Annulment?
A marriage annulment, like a divorce, is a court action that ends a marriage. However, vastly different from a divorce, a marriage annulment treats the marriage as if it never occurred. There are two types of annulments, civil and religious. A civil annulment is one that is granted by a state’s government after a lawsuit.
Grounds for Annulment
There are many cases in which one’s marriage could be voidable to get an annulment.
Among these reasons are the following:
- A spouse was under the age of consent
- One or both spouses were under the influence of drugs, alcohol or a mental problem when they legally got married and were not able to consent
- The spouses are too closely related that their marriage is not legal
- One (or both) of the spouses were legally married to someone else at the time of their other marriage
- A spouse lied about something that was important to the marriage, like not having the ability to conceive children.
- If one of the spouses used fraudulent acts or threats to deceive their partner before they got married
How to Get an Annulment in Florida
The state of Florida does not have an annulment statute. Florida law has specific outlines for how to go about a divorce, but not for marriage annulments. The state laws that discuss annulment are set due to common law decisions of court proceedings. Annulments can be quite difficult to have because of the needed burdens of proof and lawsuits. Due to this, some couples may instead file for divorce instead of an annulment, even if they are perfectly capable of receiving an annulment.
What is the Difference Between a "Void" Marriage and a "Voidable" Marriage?
A void marriage is a marriage that was always invalid, such as a bigamous marriage or a new marriage by someone who is currently married. A marriage that is voidable is one that can be canceled at the option of either spouse or allowed to continue legally at the option of the parties. For example, an instance of a voidable marriage is if someone finds out that after marriage, their spouse either got pregnant by another man or got another woman pregnant.
To annul your marriage in Florida you and your spouse need to meet specific standards that are accepted by Florida courts. Despite this, courts in Florida will acknowledge an annulment request if and your spouse either never consummated your marriage, or if you two never lived together as a couple.
Now that you know how to get a marriage annulment in the state of Florida and what constitutes one, don’t wait to get an annulment if your marriage is applicable. If you ever find yourself in a voidable marriage and realize you need an experienced and passionate lawyer to represent you, put your trust in the hands of The Berman Law Group. The experienced family law attorneys at The Berman Law Group are able to maneuver through the difficulties of an annulment and represent you if you ever find yourself in the midst of one.
Call us today at (800) 375-5555 for a free consultation.