Can I Choose Annulment Instead of Divorce?

When a marriage in the Tampa area is not working, one or both of the spouses may be considering their options for ending their legal relationship. For a wide variety of reasons, married couples often want to know if they can have their marriage annulled rather than going through the divorce process. In some circumstances, couples might seek an annulment for religious reasons. In other situations, one or both of the parties might assume that, since their marriage has only lasted for a short time, annulment rather than divorce is a possibility. However, it is essential to understand that you cannot choose between annulment and divorce in Florida if you want to dissolve a marriage that occurred lawfully. Rather, you will need to go through the process of dissolution of marriage (that is, divorce).

Our Tampa divorce attorney can explain in more detail, and we can discuss your options for a relatively quick and smooth divorce process.

Annulment is Only Possible for Marriages That Are Void 

A marriage can only be ended through an annulment under Florida law if the marriage was void or illegal in the first place. The only “grounds” for lawfully annulling a marriage are the following:

• One of the spouses was underage at the time of the marriage;
• One of the spouses was already married at the time of the marriage;
• Marriage occurred under duress or concealment of information; or
• Marriage occurred when one or both of the parties lacked mental capacity or legal capacity to consent to the marriage.

It does not matter if your marriage only happened yesterday, or if it happened while you were on vacation on a whim — the marriage can only be annulled if it was not a legal marriage.

Filing a Petition for the Dissolution of Marriage 

In order to legally dissolve or end a valid marriage, one of the spouses will need to file a petition for the dissolution of marriage under the Florida Statutes (i.e., a petition for divorce). The divorce process will then proceed according to the requirements of Florida law, including the equitable distribution of marital property.

In addition to your divorce, you may also be eligible to have a religious annulment depending on your religion and circumstances, but the process for religious annulment is entirely separate from the process of getting divorced under Florida law.

Contact a Tampa Divorce Attorney Today for Assistance 

Nobody likes the idea of having to go through a divorce, but for anyone who has been legally married, divorce is the only way to dissolve your marriage. As we mentioned above, there are certainly options for moving forward with a speedy and less costly divorce, and an experienced Tampa divorce lawyer at The Law Office of Laura A. Olson, P.A. can speak with you today about the possibility of an uncontested divorce. Even if you will need to have a contested divorce, our firm will be here to represent you every step of the way and will work to ensure that the divorce process is as streamlined as possible. Contact our firm today for more information about how we can assist you.

Source: 

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html