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.
What is an Annulment?
An annulment is a legal process used to nullify a marriage. This will legally make it as if the marriage never existed. Unlike a divorce, which ends a valid marriage, an annulment essentially declares that the marriage was never valid in the first place.
There are several grounds for annulment , including:
- Cases of fraud or misrepresentation
- Underage marriage
- Lack of mental capacity
- If the marriage was entered into under duress or coercion
- If there was a physical incapacity preventing one or both parties from consummating the marriage
The process for obtaining an annulment in Florida involves filing a petition with the court and attending a hearing. It is important to note that annulments are not automatic and require proof of one of the grounds listed above. In some cases, such as those involving fraud or misrepresentation, it may be necessary to provide evidence through witness testimony or other documentation.
It is also important to note that an annulment may have significant legal implications, particularly when it comes to property and financial matters. For this reason, it is strongly recommended to contact an experienced family law attorney if you are considering seeking an annulment in West Palm Beach.
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 West Palm Beach annulment 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.
Florida Grounds for Annulment
In Florida, there are several grounds for annulment, with the most common being legal incapacity, bigamy, fraudulent marriage, marriage under duress, lack of consent from a parent or guardian, or lack of consummation.
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.
How Long Can You Be Married and Still Get an Annulment?
There is no set time frame for when you can file for marriage annulment in Florida. Since Florida does not lay out steps to get an annulment, the same way it does for a divorce there is no time frame you have to follow. When seeking out a Florida annulment, you only have to worry if you can prove grounds for the annulment.
Can You Get an Annulment in Florida Without the Other Person Present?
Florida law requires that both parties to a marriage be present in order to file for an annulment. If only one party is able to appear, that person must prove to the court that he or she made a good faith effort to notify the other party of the annulment proceedings. Annulments are relatively rare, and most courts will require strong evidence that the marriage was never valid in the first place. Florida law recognizes several grounds for annulment, including fraud, duress, mental incapacity, and physical incapacity. If you are considering filing for an annulment in Florida, it is important to consult with an experienced attorney who can help you navigate the legal process.
Florida Annulment Laws
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.