Deciding to end a marriage or going through the process can be quite challenging and emotional. But the choice to either opt for a divorce or an annulment is fully up to you. Both of these processes have the same result—the marriage is dissolved and deemed invalid.
So, what’s the difference between them in Florida, and how do you know which one to proceed with? Well, that’s what we will talk about. Keep reading to learn more!
What Is the Difference between Annulment and Divorce?
As mentioned above, both annulment and divorce mean moving on from your marriage. However, the differences arise in the legal applicability, requirements, and processes.
Divorce: A divorce acknowledges that a valid marriage took place but terminates its legal standing. It allows for the fair division of marital assets and debts, determines child custody and support arrangements (if applicable), and finalizes spousal support (alimony) if necessary.
Annulment: In an annulment, the court declares a marriage null and void, essentially treating it as if it never legally existed. Unlike a divorce, grounds for annulment are specific and typically involve factors that render the marriage invalid from the outset. Examples include fraud, underage marriage, etc.
Grounds for Annulment vs. Divorce in Florida
Florida is a “no-fault” divorce state. This means you don’t need to prove infidelity, cruelty, or other marital misconduct to obtain a divorce. The only grounds for divorce are when two partners decide to part ways and dissolve their marriage permanently.
In contrast, annulments require specific grounds to prove the marriage was never legally valid. Here are some common grounds for annulment:
- Underage Marriage: One or both spouses were below the legal age to marry (typically 18) at the time of the ceremony.
- Bigamy: One spouse was already legally married to someone else when the marriage in question took place.
- Lack of Capacity: One spouse lacked the mental capacity to understand and consent to the marriage vows (e.g., due to intoxication or mental illness).
- Fraud: The marriage was obtained through misrepresenting a material fact (e.g., hiding a criminal history).
- Incest: The marriage violated incest laws.
- Impotence: One of the spouses was unaware of the physical problem at the time of marriage.
- Duress: Either of the spouses was forced into the marriage.
Dissolving a marriage can be a complex and emotional process. Depending on the circumstances, you might be considering either a divorce or an annulment. While both eventually work towards the same goal, they greatly differ in their legal implications. Understanding these differences gives you a better idea of the right decision and helps you move forward with it smoothly.
If you’re looking for more clarity on issues related to divorce and family law, feel free to reach out to Tampa Divorce: Family Law & Divorce Lawyer. Call us today at 813.370.0893, or visit us at 13057 W Linebaugh Ave Ste 102, Tampa, FL 33626.
