Annulments are not as commonplace as you’d think. The grounds for an annulment in Florida are limited to six categories. Hiring an attorney can be an invaluable help when navigating such an ambiguous and specific legal process.
What Conditions Qualify for an Annulment?
According to Florida divorce law 61.052, once a marriage happens, it can only unhappen by death or legal order. Because of the strictness of every aspect of a legal marriage in Florida, the law maintains that the legal order for ending a marriage can come in the form of a divorce, which is a dissolution of the marriage or via an annulment, which is the erasure of the marriage. The law states that the only requirement for a divorce is irreconcilable differences.
In Florida, these six conditions that qualify for an annulment:
- Mentally impaired or incapacitated at the time of the marriage. This incapacity also includes being influenced by drugs and alcohol.
- Fraud was committed by a spouse to convince the other party to consent to the marriage. While this could be a variety of issues, this condition can also be used to refer to impotence. Lying about the ability to consummate a marriage and then not being able to do so can invalid a marriage.
- An underage marriage occurred, and parental consent was not granted
- The parties involved were blood relatives
- Either spouse is still married and therefore not free to enter a new union
- Force and coercion were used to convince the other party to give consent.
Annulments, even if your situation qualifies, can be difficult to obtain because the paperwork and petition must be requested and then accepted. You could end up spending money for an annulment that may not happen. Many people who seek to end a short and regretted marriage want an annulment instead of a divorce. An annulment erases the marriage from existence as if it never happened, while a divorce simply ends the union. Because annulments are so coveted amongst a certain percentage of divorce seekers, it’s important to recognize the marriages that qualify before spending time and resources on filing fees.
The Importance of an Experienced Attorney for Your Florida Annulment
Because there isn’t a specific statute in Florida law that addresses annulments, a judge will look at your case to determine if it qualifies according to current case law. One of the benefits of hiring a Florida annulment attorney is they can help you find the case law with similar facts to your case that make your petition more appealing to the court. Because divorce in Florida only requires the couple to be irreconcilable, and an annulment has a very specific burden of proof, you want an attorney with experience working with couples seeking an annulment. Cases that require experience, knowledge of relevant case law, and expertise can’t be handled by just any attorney. To maximize the benefit of an attorney, you must choose one who can help you create the best strategy for your case.
Tinny, Meyer & Piccarreto, P.A. Annulment Attorneys in Florida
To determine if an annulment is right for you, you will need to secure the help of an experienced Clearwater family law attorney. At Tinny, Meyer & Piccarreto, P.A., we bring more than 35 years of legal experience to every case. Now is the time to secure legal representation, so one of the attorneys from Tinny, Meyer & Piccarreto, P.A., can review your case and answer any questions you may have about your situation. Call us at (727) 245-9009 or reach out to us online right now.