When spouses decide to divorce, they must go through a legal process to end the marriage. When spouses decide to annul a marriage, they instead go through legal procedures to invalidate the marriage. Through annulments, a marriage is deleted from all records, thereby making the marriage legally non-existent. There are specific factors that may cause a marriage to be eligible for an annulment. Divorce lawyers can help you understand how annulments work and determine if an annulment is the appropriate option for you.
Divorce Attorneys: How to Get an Annulment in Florida
An annulment is a court procedure that totally dissolves a marriage. In most cases, annulments are necessary for marriages that were created under invalid conditions. Any of the following may constitute an ill-union:
- The marriage may be bigamous (a spouse may be married to more than one person)
- The marriage may be incestous
- One or both spouses were mentally unable to agree to the marriage (usually due to illness, mental inabilities and/or the presence of drugs and alcohol)
- One or both spouses were brainwashed or coerced into the union
- The marriage was committed under false pretenses and/or fraudulent information
- One of the spouses may be impotent, but did not inform the other spouse before entering the marriage
- One of the spouses may be underaged
How Annulments Work
Marriage is perceived as a sacred and valuable union between people who share love and support with each other. Therefore, Florida family courts have a very strict policy when it comes to annulments. It may not always be easy to gain an annulment. Solid proof and compelling evidence must be demonstrated to prove that the marriage was illegitimate from the very beginning. It is best to rely on the experience of a family divorce lawyer to ensure that your claim is successful. If spouses are not careful, a divorce may be granted instead.
In order to annul a marriage, paperwork must be filed with the court requesting an annulment. A notice will be issued to the other spouse and he/she may decide if he/she desires to go through with the process. If the spouse opts to contest the annulment, both spouses will be required to present their case to a family court. During a hearing, spouses will have the ability to present their findings and evidence to a family court. A judge will make the final decision, either approving the annulment, denying the annulment, or granting a divorce.
Pros & Cons of Annulments
There are advantages and disadvantages that come with annulling a marriage. It is strongly advisable that spouses reflect on both the pros and the cons in order to craft the most efficient solution.
Some advantages include:
- Both parties are “freed” from each other
- The marriage is deleted from records, as if it never existed
Meanwhile, some disadvantages include:
- Annulments can be timely and costly
- It takes a lot of work to prepare proper documentation so that an annulment is approved
- Spouses must return to the state they were in before the marriage, thereby disqualifying both spouses from gaining spousal support and/or alimony. However, if children are a product of the marriage, child support and/or shared custody/parenting plan may be mandated.
Divorce Lawyers Can Help You Achieve An Annulment
For a strategic approach toward obtaining an annulment, a divorce attorney in Gainesville, FL, can help you:
- Undergo investigation
- Obtain expert support and advice
- Convince witnesses to provide testimonial support on the stand
- Help you present solid information and documentation to the court in a clear and concise manner
- Advocate on your behalf
You have a higher chance of having your marriage annulled with the assistance of an experienced family law attorney in Gainesville, FL.
Family & Divorce Lawyers in Gainesville, FL
At the Law Office of Silverman, Mack & Associates, our compassionate family law and divorce lawyers have seen it all. Allow our team to guide you during this significant process. Surely, marriage is a sacred union, but when it is done in error, you deserve to have a clean record through a voided marriage. Contact our office today for further assistance with annulments in Gainesville, FL.