West Palm Beach Annulment Attorneys
Marriage Annulment in Florida
Annulment can be a highly complex process without the help of an experienced attorney. Not every marriage can be annulled, so the first step of the process to understand what Florida constitutes as legal grounds for annulment. While an annulment declares a marriage void, it does not settle additional matters pertaining to the initial marriage, such as co-mingled assets and property division.
Florida High-Asset Annulment
Spouses involved in a high-asset annulment will face additional challenges as the court does not interfere with assets and property division in annulment cases. Instead, the couple must divide their assets to the best of their ability. For high-profile clients with co-mingled assets, this may pose difficult, especially if the other spouse refuses to be amicable. With extensive experience and discretion, our firm has the resources and background you would expect to help you resolve the issues you may approach in a high-profile annulment case.
How to Get an Annulment in Florida
Unfortunately, there is no statutory guidance for how to get an annulment in Florida; however, an experienced lawyer can provide you with the support and legal counsel you need to move forward with this decision. Individuals have annulled their marriage by following the steps below.
To obtain an annulment in Florida, you must first file for a Petition for Annulment, which will contain information pertaining to the grounds for the decision. After, you must serve your spouse who has the right to file and serve a counterclaim.
You might be required to provide a statement regarding your children, marital assets, and property. The court will not involve itself with decisions pertaining to asset and property division.
One or both spouses must prove one of the qualifying grounds to be granted annulment.
Grounds for Annulment in Florida
Unlike some states where annulment is not a legal reason for terminating a marriage, Florida recognizes its legitimacy. There are several grounds for annulment in Florida, the most common being:
- Fraudulent marriage
- Concealment (not informing your spouse you have a child)
- Lack of consummation
- Legal incapacity
- Underage spouse
- Bigamy (entering marriage while still married to another individual)
It is important to note that Florida does not have annulment laws in place to specially address these situations. Instead, the courts make decisions regarding what constitutes an annulment.
Can I Get an Annulment Instead of a Divorce in FL?
While both an annulment and a divorce pertain to a couple’s marital status, they are very different processes. A divorce ends an existing, legal marriage, whereas an annulment declares the marriage void.
Contact Our Firm to Determine if Annulment Is the Right Option for You
Although Florida does allow annulments under certain circumstances, the state gives preference to divorce. If you are considering an annulment and would like to discuss your options, consult with a seasoned lawyer from our firm.
Obtaining an annulment is not as feasible as getting divorced in Florida. Ensure your interests are protected by hiring an experienced attorney or you might risk getting your case dismissed by the court.