When a marriage comes to an end, most people believe that Divorce is the only legal option. However, under Florida law, an Annulment may also be explored in specific and limited circumstances. Understanding the difference between Divorce and Annulment is important for anyone evaluating their next steps. At The Marks Law Firm, P.A. – Family Law & Divorce Attorneys, we help our Clients navigate these decisions with clarity, compassion, and confidence.
What contributes to a Divorce?
A Divorce is the legal dissolution of a valid marriage. Florida is a “no-fault” Divorce state, meaning that a Spouse does not need to prove wrongdoing. Instead, one party must simply state that the marriage is “irretrievably broken.”
During Divorce proceedings, the Court may address the following when appropriate:
- Equitable distribution of marital assets and debts. In Florida, the Court prioritizes fairness over equality where assets and liabilities are concerned.
- Alimony, which is commonly known as spousal support
- Timesharing (Custody) and parenting plans for minor children
- Child support based on legal guidelines
Since Divorce distinguishes the marriage as legally valid, the Court must resolve these matters before the marriage can be officially dissolved. Society recognizes Divorce as the more common route because it applies to nearly all marriages, regardless of how long the couple has been together or the circumstances surrounding the union.
What is an Annulment?
An Annulment legally declares that a marriage was never valid to begin with. Unlike Divorce, which ends an honest and legally recognized marriage, an annulment treats the marriage as though it never existed.
Annulments in Florida are not governed by a specific statute, but they are recognized through case law. To qualify for an Annulment, a spouse must prove that the marriage was void or voidable due to circumstances such as:
- Fraud or misrepresentation
- Threat or cruelty
- Mental incapacity
- Polygamy
- Underage marriage without proper consent
- Incompetence unknown to a Spouse at the time of marriage
With such extreme legal thresholds mentioned above, Annulments are far less common than Divorces. Additionally, issues like Property Division and Alimony may be treated differently because the marriage is considered invalid from the start.
While both Divorce and Annulment have the impact of ending a relationship, the legal implications differ significantly:
- Grounds required: Divorce only requires irreconcilable differences; annulments require proof of specific legal defects.
- Legal results: Dissolution of Marriage involves asset division and possibly Alimony, whereas Annulments may limit financial claims because the marriage is void.
- Emotional and social considerations: Some individuals pursue annulments for personal, religious, or cultural reasons.
Which option is right for you?
Determining whether Divorce or Annulment is appropriate depends on your individual circumstances. Due to the complexity of an Annulment, it’s imperative to consult an experienced Family Law Attorney who can assess your situation and help you move forward.
Are you contemplating taking the steps to move forward with a Divorce or an Annulment? Contact our Team at The Marks Law Firm, P.A. – Family Law & Divorce Attorneys to schedule a consultation.