Tampa, FL – While much less common than a regular divorce proceeding, there are some rare circumstances that a couple may want to annul their marriage instead of a typical divorce proceedings. An annulment essentially means that the marriage was never valid or never existed due to a serious legal problem. However, under Florida law, there are only a few very specific reasons that an annulment will be granted.
What is an annulment and how is one granted?
This is a legal remedy which says that a marriage was never valid because it was entered illegally. This means that one spouse may have already been married and never divorced, so their second marriage was illegal. Another reason for annulments is mental incapacity. A person must have the legitimate ability to consent to a marriage, and things like mental health issues or other forms of psychological impairment may be used as grounds to void the marriage.
There are also some odd situations where a couple did not actually intend to get married but had a ceremony anyway, or the parties were impaired at the time of the ceremony. These may also qualify as grounds to end the marriage based on the specific evidence presented to the courts.
Impotence has also been used as a ground for annulment because the spouses are not able to consummate the marriage.
Some religions may require an annulment before a typical divorce can be obtained. These will usually require a separate ceremony and process based on the specific religion in question.
The possibility of a no fault divorce
If a couple does not meet any of the grounds for an annulment, it is much easier in Florida to simply get a no fault divorce. The petition to end the marriage can be filed and started for any reason at all, and at least one spouse merely has to say that they feel the marriage has broken down and cannot be fixed. There are no specific requirements regarding adultery, abandonment, desertion, or any of the other legal problems that would allow for an annulment.
Which remedy is appropriate?
Anyone who is planning to end their marriage should get legal advice first if they think an annulment is appropriate. A family lawyer will advise the person regarding the consequences of either legal process, and how to proceed with various court filings and other important documents.
Getting assistance with family law issues
Going through a divorce, child custody hearing, or being subjected to alimony or child support payments can be life changing. The Law Offices of Yeazell and Sweet assist clients with these issues in the Tampa area with exceptional advice and representation.
Firm contact info:
1901 Ulmerton Road, Suite 435, Clearwater, FL 33762