This article provides general information on filing an annulment in Florida. However, this article does not stand in place of the expert advice of a lawyer who can provide information catered to your unique situation. Contact a lawyer today.
Getting an annulment in Florida might be less of a process than you would think. Newlyweds use an annulment to dissolve their marriage contract. However, there are certain stipulations to filing for an annulment in Florida. Today, we’re looking at the process and requirements of annulments.
Everyone knows the tale of waking up in Vegas not knowing who you married last night. Though that tale may ring true for some, most people aren’t that dramatized. Marriages can fall apart. Some faster than others. In the simplest explanation, a divorce is preceded by an annulment if a couple wants to dissolve a marriage early enough. In Florida, statutes and laws determine is you are eligible for an annulment or if you need to file for divorce.
There are essentially two types of annulments: civil and religious. Religious annulments must be performed by a clergy member and approved by your church. This a separation between the church and state that you should be aware of. Most religions do not hold the process of dissolving a marriage in the best light. Be prepared to go through the Church’s meetings or counsels while you are pursuing your annulment.
The state of Florida permits divorce attorneys to assist with annulments. Truthfully, annulments are not very common in the state. This is partially due to the fact that Florida does not have a formal annulment law. Instead, the state has precedents that provide valid reason to proceed with voiding a marriage. Here are the reasons couples seek annulment in Florida:
- If the marriage has a couple with multiple partners, additional partners, incest, or someone with mental incapacities
- One or both partners are not of sound mind. Therefore, they lack the mental capacity to provide legitimate consent
- Fraud of character or health
- Participants were under duress or forced
- Underage spouse without parental consent
- One or both partners do not disclose intimacy
- Marriage was not serious
How To File For Annulment In Florida
Annulments are filed in Circuit Courts, where the burden of proof lies heavily with the person pursuing the action. The action falls under the jurisdiction of family law. It is important that a couple seek to annul a marriage understands how the state views marriage. Most couples plan their marriages for months on end. Florida views marriage as a legal and valid action between two individuals. If you are seeking an annulment, you must provide evidence that satisfies the request for annulment.
How Do You Decide?
Annulments in Florida may ultimately be satisfied through terms of divorce. A court may not view the need for an annulment and request the service of divorce filings. Legally, this is still dissolving a marriage and can satisfy that outcome. However, through divorce family law acknowledges the division of property, child custody, and asset liquidation. Unfortunately, you may find out quickly that divorce is the best course of action.
As a best practice, seek legal counsel before filing any paperwork with the court. The state of Florida scrutinizes annulments. An experienced law firm can inform you of the best actions for you to take. Contact us today to schedule a consultation.