If you want to separate from your spouse, knowing the difference between annulment vs. divorce is important. Fortunately, you do not have to figure the difference out on your own. The Florida family law attorneys at Quinn & Lynch, P.A. compassionately and professionally represent clients in a wide range of family law matters, including divorce and annulment.
We understand that going through an annulment or divorce can be exhausting, and we are committed to helping you through it. Contact the Quinn & Lynch, P.A. team today by calling (813) 223-7739 or completing our online contact form to schedule a consultation.
What Does it Mean to Have a Marriage Annulled?
In Florida, an annulment formally declares a marriage null and void. In other words, this process establishes that no legally binding marriage exists. Courts typically only issue annulments for specific circumstances, such as cases involving bigamy, fraud, or incest. There are various reasons a couple may seek an annulment rather than a divorce, including religious beliefs, legal issues, or personal reasons.
Key Differences Between Annulment and Divorce
The Quinn & Lynch team can help you understand key facts about divorce and annulment. The biggest difference between an annulment and divorce in Florida is the validity of the marriage. An annulment declares that a marriage is void because the marriage is invalid and not legally binding. A legally valid marriage can only be dissolved through a divorce. When comparing annulment vs divorce, each process has specific filing requirements. Married couples seeking a straightforward way to dissolve their marriage will likely have an easier time by filing for divorce.
Annulment of Marriage Meaning
An annulment is a legal ruling that deems a marriage void because of specific circumstances, like fraud, incest, underage marriage without parental consent, or coercion. Florida law distinguishes between a void marriage and a voidable marriage. A void marriage is one that was never legally valid. A voidable marriage is one that was valid at the start, but it is no longer valid due to concerns like mental illness, incapacity, or duress.
Unlike divorce, annulment does not typically involve equal property division or alimony. However, under certain circumstances, the court may allocate assets between spouses or grant temporary alimony. Even more rarely, the court can grant permanent alimony to a spouse who suffered due to the other spouse’s wrongdoing. After annulment, neither can claim property rights as a spouse. This means they cannot inherit property or claim benefits from the other person. The courts will also make decisions about child custody during the annulment process. In an annulled marriage, your status returns to single instead of divorced.
Divorce in Florida
A divorce is the dissolution of a marriage. Florida is a no-fault divorce state, meaning a spouse seeking a divorce does not have to prove that their spouse did anything wrong. Florida Statute § 61.052 governs matters of marriage dissolution. Florida law states that to dissolve your marriage, one of the following facts must be true:
- The marriage is irretrievably broken
- Either party suffers from mental incapacity
Some common reasons for divorce filings in Tampa are financial problems, infidelity, domestic violence, adultery, irreconcilable differences, and conflict. A Tampa divorce attorney with Quinn & Lynch, P.A. can guide you through the process of a divorce with compassion.
Legal Implications of Ending a Marriage in Florida
Marriage is a contract, so ending a marriage has significant legal implications. Ending a marital relationship in Florida can affect assets, debts, and benefits. The couple may need to decide how to divide property. Depending on the case, one spouse may be required to pay alimony, child support, or other financial obligations to the other spouse. Couples with children must figure out a custody and parenting plan. Legal issues differ when a marriage is annulled rather than dissolved through divorce.
Typically, an annulled marriage is considered invalid from the start, and it is treated as though it never existed. The divorce process affords couples certain rights, such as the distribution of property acquired or ongoing support. Annulments typically do not offer the same protections. Most states require legal grounds for annulment. In Florida, the burden is on the party seeking to prove that the marriage was invalid. An experienced family law and divorce attorney can review your circumstances and help you decide what is best for you and your spouse.
Legal Annulment in Florida: What You Need to Know
If you or your spouse wants an annulment, your situation must meet the legal requirements. Annulments require valid evidence to prove that your marriage was not a legal marriage. Annulled marriages are rare compared to divorces in Florida because the courts only grant them in certain circumstances.
Some common myths regarding annulments are that they are an easy, quick fix and that short marriages automatically qualify for this process. In reality, one or both spouses must present evidence that proves legal grounds exist for an annulment. Annulment can be complex and difficult to achieve.
Annulment Requirements Under Florida Law
To qualify for annulment, a marriage must be void or voidable. This includes marriages involving bigamy, incest, lack of consent, fraud, duress, force, etc. For cases involving underage marriage, courts can annul the marriage if it occurred without the parents’ or guardians’ consent.
Couples seeking an annulment must submit a petition to the circuit court in the county where the parties reside. The paperwork must include both spouses’ information, the grounds for annulment, and any requests for child custody or property. The judge will review all available evidence, including testimony and supporting documents, to determine if a valid marriage ever existed.
Religious Annulment vs Legal Annulment in Florida
A religious annulment is a declaration by a religious institution that a marriage was not valid based on the rules of that religion. The legal and religious processes for annulment are separate. Annulment of one type does not grant annulment of the other type. Depending on your circumstances, you may need to seek both a religious and a legal annulment.
Legal Grounds For Annulment and Divorce
It is crucial to understand the legal differences between annulment and divorce in Florida. For divorce, a judgment can only be granted if the marriage is broken and unable to be fixed, or one spouse has a long-term mental incapacity. For annulment, the marriage must be void from the beginning or voidable due to factors such as fraud, lack of consent, and so on.
No Fault Divorce vs Fault Based Divorce
A no-fault divorce does not require proof that either spouse committed wrongdoing. Florida does not primarily recognize fault-based divorce. The law only requires that the marriage is irretrievably broken or a spouse is mentally incapacitated to grant marriage dissolution. However, misconduct such as adultery or abuse can affect the judge’s decisions about spousal support or child custody. When both spouses agree to divorce, they can more easily dissolve the marriage with the help of a Tampa uncontested divorce lawyer. However, when one spouse contests the divorce, the process can become more complicated.
Annulment
There are both short- and long-term legal implications of voiding a marriage under Florida law. In the short term, annulment can immediately affect your rights to property division, custody matters, and child legitimacy. While divorce guarantees property division rights, annulment does not. Furthermore, if the marriage was void from the beginning, the father may need to establish paternity of children born under the void marriage. In the long term, an annulment can affect your eligibility for insurance and spousal benefits. Furthermore, seeking annulment may impact you financially in the long term, since courts do not typically grant alimony for annulled marriages.
Legal representation can be very important for annulment cases. An attorney can determine if you are eligible for annulment and help you throughout the annulment process. If the other spouse or another party seeks to contest the annulment, legal support can make a strong case that proves the marriage is void or voidable. When you need legal support, contact the attorneys at Quinn & Lynch, P.A. Our team can evaluate your situation and help you determine the best course of action.
Annulment and Divorce FAQs
How Long Do You Have to Get a Marriage Annulled?
There is no time limit after marriage in which you can get an annulment in Florida. Annulment depends on whether the marriage is void or voidable under Florida law.
Can You Get a Legal Separation in Florida?
Florida does not have a formal legal separation process. Couples can create a written agreement to address property, debt, and support.
Are Children Considered Legitimate if a Marriage is Annulled?
Children born during a voidable marriage are legitimate, even if the marriage is later annulled, because of the marriage’s initial validity. However, if the marriage was void from the beginning, the child may not be considered legitimate. A child custody lawyer in Tampa can help you figure out issues about child legitimacy, parenting plans, and child support.
Which is Better, Annulment or Divorce?
Neither annulment nor divorce is “better.” Both situations involve lengthy legal proceedings. Whether you need an annulment or a divorce depends on whether your marriage is legally valid.
Contact an Experienced Tampa Family Law Attorney at Quinn & Lynch, P.A.
Divorce and annulment can be a costly, lengthy, and stressful legal process. Professional legal representation can guide you through your divorce or annulment with ease. With over 40 years of experience, Quinn & Lynch, P.A. attorneys provide you with compassionate legal services in Tampa.
If you are looking for legal advice about divorce or annulment, you need a family law attorney. Schedule your consultation by calling (813) 223-7739 or completing our online contact form today.
