Annulment Supportive Counsel You Can Rely On

NAVARRE Annulment Attorneys

Effectively Guiding Our Clients to the Dissolution of Their Marriage

Marriage annulment is an often-misunderstood legal process. Many people do not realize that annulments and divorces are entirely different actions. While both work to end a marriage, there are extra steps a couple must take if they would like to annul their marriage. At The Virga Law Firm, our skilled attorneys can help you determine whether your situation warrants an annulment.

To speak to one of our attorneys, call us today at (850) 695-4685!

While a divorce ends a valid marriage, an annulment ends a marriage that is invalid in the eyes of the law. It can be difficult to prove the invalidity of your marriage because the court will only annul a marriage if there is proof of certain circumstances. However, our knowledgeable attorneys can guide you through this process.

Grounds for an Annulment

In Florida, there is a difference between void marriages and voidable marriages. A void marriage is one that was not legal to begin with and a voidable marriage is one that may have been legal to begin with, but certain factors surrounding the marriage made it illegal. Both types can usually be annulled; however, certain voidable situations might be interpretedas a traditional marriage. For example, if a party was coerced into marriage, but is unable to prove how they were tricked, the judge may not grant an annulment. In these cases, the marriage must be terminated through divorce.

Florida courts consider the following grounds for annulment:

  1. Bigamy: If either party was already legally married to someone else at the time of the marriage, then it was never legal and can be annulled.
  2. Lack of Consent: If either party was mentally compromised to the point that they could not make decisions on their own at the time of the marriage, then it is voidable and can be annulled.
  3. Fraud: If either party coerced the other into marriage by misrepresentation, tricks, or any other fraudulent actions, then the marriage is voidable and can be annulled.
  4. Underage: If either party was under the legal age of adulthood(18 years or older) at the time of marriage, then the marriage is void and can be annulled.
  5. Infertility: If either spouse is unable to have children and the other spouse was not aware of this at the time of marriage, then the marriage is voidable and can be annulled.

In Florida, fraudulent marriages can be validated if the couple consummates the action after a party discovers the fraud. For example, if the spouses entered their marriage while intoxicated and had sexual relations once they regained their mental faculties while knowing they were married, this would invalidate their candidacy for annulment.

The Effect of an Annulment

Since an annulment works to erase the marriage from all records, some people worry about the it this could have on other aspects of their life. For example, a child is born as the result of a marriage that is ultimately annulled by the court; in this case, either parent may worry that since an annulment erases all legal evidence of the marriage and therefore could void the established paternity of their child.However, an annulment does not affect the paternity of children born during the marriage.

Paternity can be called into question if the annulled marriage was void to begin with. In this case, since the marriage was illegal and never truly valid, the parents of children born from the situation must establish paternity through the court.

Other common effects of annulment include:

  • The court can grant support pendente lite (temporary alimony) to either party after an annulment. Additionally, the judge may require the spouse with more wealth to pay for the other’s attorney and legal fees.
  • Neither spouse can claim or attempt to claim the property rights of the other party. This means they cannot collect Social Security, insurance, or inheritance from the other party’s assets. Instead, the parties must restore their independent financial positions on their own.

Offering Skilled Legal Services

If you believe your marriage meets the criteria for an annulment, our knowledgeable attorneys can help you. When you choose to work with The Virga Law Firm, you are choosing to work with lawyers who can provide you with exceptional advice and advocacy.

Call our firm today at (850) 695-4685 or contact us online to get started.

  • Best Divorce Lawyer In Orlando
  • Top 10 Family Law Law Firm
  • Attorney Top 40 Under 40
  • Best of Bay
  • The National Advocates
  • Super Lawyers Rising Star
  • Lawyers of Distinction 2018
  • The National Trial Lawyers | Top 100 Trial Lawyers
  • Avvo Rating 10.0 Superb
  • The National Trial Lawyers | Top 100 Lawyers
  • 10 Best by American Institute of Family Law Attorneys | 2016
  • “I will definitely be recommending to anyone I know that needs a child custody or divorce attorney!”

    - A Divorce Client
  • “If you are looking for an attorney who is professional, honest, knowledgeable and responsive to your needs, Gerard Virga meets such requirements.”

    - A Divorce Client
  • “He responded to my messages promptly and I never felt rushed when speaking with him in meetings and phone conversations.”

    - A Divorce Client
  • “He answered in a way that helped me understand the law better.”

    - A Divorce Client
  • “Gerard is smarter than 95% of people I know, including lawyers. His intelligence combined with his work ethic make him an extremely effective advocate. Gerard is the kind of evil genius I'd want on my ...”

    - Adam Ellis, Litigation Lawyer
  • “Truly he is one of the smartest people I have met. I have found Gerard very knowledgeable on law and legal procedure, and am extremely impressed by his ability to devise and execute an aggressive ...”

    - Rusty Shepard, Criminal Defense Attorney
  • “This lawyer treated me with professionalism, and fought for my case. His staff was excellent and Mr. Virga had an excellent understanding of the law. Mr. Virga also was a very real person, and not ...”

    - A Divorce Client
  • “I regularly refer family law and civil litigation cases to Mr. Virga because of his skill and knowledge of those areas of law. The clients I refer to Mr. Virga are always satisfied with and ...”

    - Joseph Turner, Criminal Defense Attorney
  • “Mr. Virga represented me in a litigation matter. Mr. Virga not only accepted me as a client, but he took my case to heart. Mr. Virga developed and executed a masterful legal strategy that pummeled my ...”

    - A Litigation Client

Contact Our Firm

We're Here To Help You And Your Family In Any Way Possible
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please make a selection.
  • Please enter a message.