How Does Annulment Differ from Divorce in Florida?
A person can legally separate from marriage through a divorce or annulment. However, there are some minor yet significant legal differences between the two. These differences, including a spouse’s property right and the process for requesting child custody, can occasionally have a significant impact.
What is a Annulment in Florida?
The partners are reinstated to their pre-union position once an marriage annulment states that the marriage was never legally recognized. An annulment does not involve the division of property or alimony like a divorce does in Florida. A marriage must be void or voidable to be declared null and void. Unions that were voidable in the eyes of the law never existed. A voidable marriage does not end unless it is declared null and void. Only marriages involving bigamy (married to more than one person), incest, or partners of the same sex are deemed invalid under Florida law. There are grounds for obtaining an annulment in a relationship formed under coercion, deception, or temporary insanity.
Marriage Annulment vs. Divorce
A divorce is a court order dissolving a marriage, but an annulment is a court statement that a marriage is invalid. The main distinction is that an annulment declares that a marriage was never legitimate in the first place and establishes that the marriage never occurred. Contrarily, a divorce is utilized when a marriage is lawfully formed but dissolves at the request of either one or both parties.
How to get an Annulment in Florida?
A specific statute does not govern the grounds for annulment. Judges must consult case law to decide whether a voided marriage is suitable in each circumstance. You might use a previous instance of a nullified marriage to persuade the judge to grant an annulment. Either spouse may be allowed to file for annulment.
Requirements for Divorce in Florida
Florida allows for no-fault divorces. You do not need to demonstrate adultery, mental incompetence, what the spouse lacked, or other grounds to stop the relationship. Only irreconcilable difference is necessary under Florida law.
In conclusion, divorce is more frequent because an annulment can only happen in specific situations. Marriage Annulment carries a heavier burden of proof compared to divorce. Establishing reasons for dissolution rests with the party seeking to dissolve the marriage.