Annulments in Florida

Annulment Process in Florida

In the state of Florida, marriage is perceived as a sacred Union shared between two individuals who love and care for each other. It is the foundation of the family and often the means of societal population. As such, marriages are expected to be valid. The process of wedding should be exercised in good faith and done through sincere means. When spouses marry under invalid, illegitimate or even unethical conditions, they may consider gaining an annulment of their marriage, as opposed to a divorce. If you are considering an annulment, you should contact an experienced Boca Raton divorce lawyer to understand more about the process.

Annulment Attorney in Boca Raton, FL

Annulments are legal proceedings that cancel marriages between spouses. Because marriage is considered a sacred union however, annulments are often difficult to obtain. Only specific types of conditions are eligible for annulments. To determine if your family qualifies for an annulment, a Boca Raton divorce attorney can help you understand eligibility requirements.

Eligibility Requirements for an Annulment

In order to annul your marriage, it must be proven that the marriage was performed under illegitimate conditions. The following examples are the most common:

Incest

Marriage between and among family members is not only considered unethical, but it is against Florida law. Spouses who are related in blood will always qualify for an annulment.

Forced Consent / Brainwash

Marriages should be mutually agreed upon and approved by each individual within the marriage. Evidence of forced consent or brainwashing is grounds for annulment.

Misrepresentation / Fraud

Marriages performed under fraudulent conditions (i.e. false identification records, etc.) are eligible for annulments.

Mental Incapacity

If an individual is found to be mentally incapable to agree to a marriage (often the result of a mental disability and/or alcohol impairment), he/she is considered mentally incapable of making an important decision. As such, mental incapacity is grounds for an annulment.

Bigamy

Marriages involving multiple (more than two) members, or marriages that are held for an individual who may already be married, are considered illegitimate under Florida law.

Underage

Minors, or anyone under the age of 18 years, are not allowed to marry.

If any of these situations describe the conditions of your marriage, you should contact an experienced divorce lawyer in Boca Raton.

Once you determine your eligibility for annulment, you should file a petition for annulment with a family divorce court. Be aware that documentation, records and proof of eligibility will be required with your application. A divorce attorney in Boca Raton is vital to your success. Because marriages are considered sacred unions, family courts are often reluctant to provide annulments. Therefore, in order for your application to be successful, you must provide compelling evidence and justification. Divorce lawyers in Boca Raton can help you to achieve this.

Annulments vs. Divorce

Although both annulments and divorces are legal proceedings that serve the purpose of ending marriages between spouses, the processes and outcomes for each will differ.

Divorces dissolve marriages, however, the marriage will always be recognized on documents and state records. Meanwhile, annulments dissolve marriages and erases the existence of the marriage from all records. With an annulment, it is as if the marriage never existed in the first place. Spouses wishing to obtain an annulment should be aware that they may not qualify for the same advantages as spouses who gain divorces. In fact, annulments typically require individuals to be given the same property and assets that they possessed before the marriage. Benefits aimed to help the transitioning period after a divorce, such as alimony and spousal support, are not eligible for individuals who gain annulments. However, if there are children involved, courts may order child support benefits depending on the unique circumstances of the marriage and the financial state of both parents.

Divorce Lawyers in Boca Raton, FL

At the Law Offices of Theodore H. Enfield, P.A., our Boca Raton law firm can assist you with all matters regarding family and divorce. Not only will we help you determine if an annulment is the appropriate route for your family, but we will go above and beyond to help you gain a favorable outcome after your annulment.

Contact our experienced family and divorce law firm today. We are empathetic to your unique needs and eager to assist you.

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