Everything You Need to Know About Annulments in Florida
Sometimes marriages just don’t work out. If you want to end your marriage in Florida, you either need to get divorced or in some cases get an annulment. Annulments in Florida are not easy to get and require the marriage to be considered void.
If you are wondering whether your marriage qualifies for an annulment, our team of family law attorneys is here to help you understand your options.
How to get an annulment in Tampa
The Florida court system allows annulment if you have yet to consummate the marriage or have not yet lived together. You can also get an annulment in a case where you find out your wife is pregnant from another man after you are married.
If these do not apply, then the marriage needs to be considered “void.”
Void marriages in the state of Florida
The Florida court system has provided precedent for when an annulment is allowed, and what makes a marriage void.
The criteria for how to get an annulment in Florida is:
1. Lack of consent or one party was unable to consent
If either of the parties were under the influence of drugs or alcohol, are sick and suffering from confusion, or have a mental disability, the marriage can be considered void.
If one of the spouses withheld key information that would have made the other person no longer want to get married, the marriage can be voided once they learn of these issues.
3. Underage Spouse
If one of the parties was under the age of 18 when the marriage license was signed and the parents did not give written consent, then the marriage is void.
If one of the parties was already married, they cannot get married again because it is illegal to be married to more than one person at a time. In this case, the marriage will be considered void in Florida.
If one of the spouses is forced into the marriage either by coercion, they were under duress or threatened, then the marriage can be annulled in Florida.
If one spouse knew they were unable to have children, but did not tell the other until after the marriage, then it can be annulled.
What do you need to get an annulment in Florida?
If you believe one of the above situations applies to your marriage, you will need petition the state of Florida for an annulment.
Difference between Annulment and Divorce in Florida
Getting an annulment if Florida is a different process from getting a divorce, and some believe it can be more complicated. That’s why it’s recommended that you hire a family lawyer to help you out, regardless of which route you take.
Unlike a divorce, once the marriage is annulled there will be no spousal support on either side, and both sides leave with the property they came with and nothing will be split. In the case of annulments, the marriage was never legal in the first place, so there would be no marital assets to split like in a divorce which ends a legally binding marriage.
If the other party does not agree with the petition, they can then file for divorce, and the court could ultimately issue a divorce instead, which can make the case more complicated.
Work With an Experienced Tampa Family Lawyer
While you don’t need a lawyer to fill out the petition, it’s in your best interest to have an experienced attorney by your side. These cases may seem simple, but they can get complicated quickly, and our experienced team at LaFrance can help guide you through your petition.
Contact LaFrance Law, and we will help you understand your options and see if you qualify for an annulment in Florida.