Annulments


In the state of Florida, marriages are considered to sacred unions of mutual love, connection and support. When spouses marry under circumstances that threaten such factors, annulments are sometimes necessary. To learn more about Florida annulments, you should contact an experienced divorce attorney in Gainesville, FL.

How Annulments Work

An annulment is a legal procedure that dissolves a marriages. Unlike divorces, annulments void marriages, causing them to disappear from any and all public records. After an annulment, it is as if the marriage never existed. There are distinct factors that qualify a marriage as eligible for an annulment.

Grounds for Annulments in Florida

The following are the most common grounds for annulments in the state of Florida.

Fraud

When spouses agree to marry, they are expected to represent their true selves. Misrepresentation and/or reliance upon false names (or any other forms of misidentification) means that the union was crafted under false pretenses.

Impotency

Because sexual intercourse is often a part of the union between spouses, each individual is responsible for notifying the other individual if a problem exists that may prevent the couple from engaging in sexual activity and/or child production.

Mental Incapacity

Spouses should be operating at their fullest mental abilities when entering a marriage. The presence of an illness or drugs/alcohol may negatively distort the ability to think properly.

Incest / Bigamy

Spouses who are a part of each other’s families and/or spouses that already have legal spouses are not legally allowed to marry each other.

Coercion

Spouses who are brainwashed or otherwise forced into a marriage makes their marriage illegitimate and void.

While there are other factors that divorce courts consider when determining the most suitable avenue to end the marriage, the aforementioned considerations are most commonly approved. If you desire to annul your marriage, allow a divorce lawyer in Gainesville, FL, to help you decide if your marriage is eligible for an annulment.

Risks & Benefits of Annulments

Annulments are favorable to couples who wish to move forward with their lives without the extra baggage that can often be associated with divorces. With an annulment, the surnames of individuals are restored and there is no physical or financial obligation to the other spouse.

Because annulments void marriages, however, the benefits that are often associated with divorces are not granted to spouses who opt to annul their marriage. For example, asset distribution, spousal support and alimony are often not considered. Each spouse is expected to leave the marriage with exactly what they had before the marriage. For spouses who assist with the other’s medical/educational expenses, experience domestic violence/abuse, and/or assisted with the other’s business ventures may be placed at a significant risk. In other words, it is much harder to be reimbursed for the time and monetary contributions to the marriage.

If there are children involved, child support and/or a child custody/parenting plan will still be arranged.

In efforts to understand your rights, responsibilities and entitlements during an annulment, it is best that you rely on the expertise of a family law attorney. Sound legal representation can protect your investments and ensure that you are able to readjust to society after your marriage is annulled.

Divorce Lawyers in Gainesville, FL

Experienced divorce lawyers at the Law Office of Silverman, Mack & Associates can help you understand how annulments in Florida work and help you decide if an annulment is the appropriate method for your marriage resolution. Contact our family and divorce law firm in Gainesville, FL, today for a free initial consultation.