When considering ending your marriage, it is important to know that you
have a variety of legal options for doing so. Two of those options include
divorce and annulment. When a marriage is annulled, it is legally considered to
have never existed in the first place, whereas a divorce simply ends it.
While there are many simlarities between annulments and a divorce, our
Tampa divorce lawyer want you to know that there is one key difference
that must be considered. A couple can get a divorce in Florida without
providing grounds or proving fault, but it is required to prove grounds
to obtain an annulment.
Grounds for an annulment include:
- If one spouse committed fraud, or concealed something that was crucial
to the marriage
- The marriage took place when one or both spouses was of an unsound mind,
or under the influence of drugs or alcohol, and unable to properly consent
- One spouse is underage and not legally able to consent
- One spouse is physically unable to consummate the marriage
- One spouse was forced into the marriage
- One spouse was legally married to another
- The spouses are too closely blood-related
Schedule a complimentary
consultation to discuss whether or not you qualify for an annulmnet.
It is a misconception that a couple can only obtain an annulment shortly
after the marriage took place. However, while most annulments take place
within the first few weeks of a marriage, there is no legal time limit.
A couple can choose between an annulment and a divorce at any point in
their marriage, and all legal decisions regarding property and children
will be made in the same way. In fact, there is very little legal difference
between the processes of annulling and divorcing.
So why get an annulment?
Some of the most common reasons that people get annulments include:
The wedding was a sham – it happens all too often that two people consume a little too
much alcohol and find themselves married the next morning. Annulments
allow these individuals to reclaim their single status as though it never
happened. Thus, an annulment is essentially the reversal of a mistake
and a clean slate to move forward.
The couple is religious – divorce carries a negative stigma in society, especially among
those who are religious. Some religions highly frown upon divorce, so
couples often choose to get their marriage annulled to appease their religious
tenants. This leaves them free to marry in the church again.
Spouses want to avoid alimony payments – after a divorce,
alimony payments are often made from one spouse to the other in order to ensure
that both parties maintain the standard of living that was established
in the marriage. Since an annulment treats a marriage as though it never
existed, there is legally no “standard of living” and no obligation
for support payments.
Ultimately, whether or not an annulment is right for ending your marriage
is up to you, but you do need to be able to prove legitimate grounds.
Having the right divorce attorney on your side can make the process easier,
smoother, and faster. No matter what your circumstances are, you can trust
the Law Offices of Manuel Fajardo to provide compassionate legal representation
every step of the way.
Ready to get started?
Give us a call today!