Legal Advice on Annulments
While divorce is the most common method for dissolving a marriage, either party can pursue an annulment in specific cases. Annulments are different from divorces in several key ways. While divorces dissolve a legal marriage, annulments are a way to end a marriage that had no legal basis. While there is no statute in Florida regarding annulments, courts have consistently granted annulments in two situations: void marriages and voidable marriages.
As a nationally-recognized divorce attorney by the National Association of Distinguished Council, Andrew can help sort through the complex nature of seeking an annulment. However, there are some key distinctions between a marriage and an annulment to keep in mind. These distinctions can mean the difference between your marriage qualifying for an annulment or not, so it is important to understand the broad definitions that will help determine the status of your case.
Void marriages are marriages that should not have been considered valid at the time of the marriage itself. Those can include marriages that were the result of force, duress or fraud. Other examples of void marriages include:
- A marriage between relatives, such as cousins, brother-sister, etc.
- Between same-sex individuals and one or both parties are married to someone else (bigamy)
- When one or both parties lacked the capacity to consent to the marriage
Keep in mind, Florida only allows the annulment of voidable marriages if they have not been consummated by sexual intercourse after the wedding ceremony. Void marriages are not recognized by Florida to begin with, but we still advise our clients to move forward with a formal declaration from the court anyway.
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If you’re uncertain as to whether your marriage qualifies for an annulment, please call our office for a free consultation. We serve clients in Orange, Seminole, Osceola, Brevard, Lakes, and Volusia counties. In addition to Andrew’s recognition as a top divorce attorney by the National Association of Distinguished Council, he served as a former assistant state attorney in Brevard and Seminole counties. Andrew G. Storie has practiced law since 2002 and can combine his knowledge with a dedication to personal attention and superior client service.