What is the Difference Between Divorce and Annulment in Florida?

Are you married but considering divorce in Florida? Many Floridians who are considering a divorce filing often want to know if they can be eligible for an annulment instead of a divorce. People often mistakenly assume that it is possible to choose between the two — divorce and annulment — and that annulment may be preferable for certain reasons. In actuality, these are two separate processes that cannot be used based on preference. Rather, divorce is the legal way to dissolve a valid marriage in Florida, whereas annulment is the legal process for officially dissolving a marriage that was never valid. Our Port St. Lucie divorce and family law attorneys can explain the differences between divorce and annulment in more detail below, and we can speak with you today if you need assistance with either legal process.

Divorce or the Dissolution of Marriage for Valid Marriages

The term “dissolution of marriage” is the legal term for divorce under Section 61.052 of the Florida Statutes. A divorce, or dissolution of marriage, is the only legal way to dissolve a lawful marriage in Florida.

If you want to end your marriage, and if your marriage is valid, the process for obtaining a dissolution of marriage is relatively straightforward when you work with a Florida divorce and family lawyer. The only general requirements are that at least one of the spouses must have been a Florida resident for at least six months prior to the date on which the petition for dissolution of marriage is filed, and the party filing the petition must plead “no fault” divorce grounds, saying that “the marriage is irretrievably broken.”

Once a proceeding for the dissolution of marriage begins, then you can work with your attorney to handle matters such as the classification and distribution of marital property, alimony and child support, and parental responsibilities if there are minor children from your marriage.

Annulment for Invalid or Void Marriages

An annulment, different from a divorce or dissolution of marriage, is a legal process that is only applicable to lawfully dissolve an invalid or void marriage. In order to obtain an annulment in Florida, you will need to prove that your marriage was never valid in the first place, which may be proven through the following:

• Marriage was between blood relatives (i.e., incest);
• One of the parties was already married to someone else at the time of the marriage (i.e., bigamy);
• One or both of the parties lacked consent to enter into the marriage;
• Marriage was entered into as a result of fraud, misrepresentation, or duress;
• One or both of the parties was a minor without parental or court consent; or
• Impotence in certain circumstances.

Contact Our Port St. Lucie Family Lawyers to Discuss Your Divorce or Annulment Plans Today

When you are in a marriage and want to legally dissolve the relationship, a divorce is the only option for ending a valid marriage, as we discussed above. An annulment may be possible if your marriage was never valid in the first place for any of the reasons we noted above. To find out more about your eligibility for divorce or an annulment in Florida, you should seek legal advice. One of the experienced Port St. Lucie family law attorneys at Baginski Brandt & Brandt can speak with you today to learn more about the circumstances of your marriage and to provide you with more information about your options for moving forward to legally dissolve your relationship. Contact our firm to learn more about how we assist clients in Florida with divorce, annulment, and other aspects of family law.

Source: 

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