
When a couple seeks to dissolve their union, they often terminate their vows through the court system, taking the form of a divorce also known as a dissolution of marriage. The details of the divorce may be reached between the spouses or be determined by the Court. Either may determine how to separate possessions and possibly even the time the spouses share with the children they share in common.
An annulment is the termination of a marriage in a different manner often as if that marriage never occurred due to specific circumstances. Florida law has no particular statute which determines annulments meaning that judges need to determine if an annulment is applicable to each individual case. For example, if incest or bigamy between the spouses were present, then an annulment can be declared, voiding the marriage, and making it so the marriage never legally existed.
An annulment may also be pursued if the marriage was entered solely due to duress. In other words, the feeling of pressure deprives the individual of the capacity to refuse. Marriage established under fraudulent or coercive means can therefore be annulled by the courts to avoid the process of a divorce and resulting consequences.
A request for alimony or distribution of property is one vital factor in the choice between a divorce and annulment. While some form of what may seem like spousal support might be granted in annulment it is exceedingly rare as the marriage never technically existed in the eyes of the law. Therefore, the option of any alimony or financial benefits that are available if the original marriage was recognized usually become unavailable.
As divorce and annulment may naturally generate stress from the conflict that ignited the desire for separation, the legal procedures which follow can double down on these concerns. Consulting with our experienced team can ensure that your concerns are addressed efficiently and professionally.
All these steps may appear daunting, but our team is committed to ensuring that your best interest remains firmly in mind and that the process goes as smoothly and stress-free as possible for you.
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407.606.6596 (CENTRAL FL), 954.466.7995 (FT. LAUDERDALE) OR 305.859.1562 (MIAMI).
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ANNULMENT & DIVORCE
ANNULMENT & DIVORCE