Orlando Annulment Lawyers
Help with Annulments in Florida
Our Orlando annulment and divorce attorneys are frequently called upon to explain the difference between an annulment and a divorce. Under Florida law, an annulment may be sought when the marriage between the parties was invalid or void.
An invalid or void marriage occurs when the elements of a valid marriage were nonexistent, meaning that no marriage ever existed. In such cases, the court will issue an order stating the marriage is void. On the other hand, a divorce is the proper course of action when a valid marriage existed between the parties and the court is able to enter an order dissolving the marriage.
Divorce vs. Annulment
Annulments are often difficult to obtain from the court. Annulments require a higher burden of proof and additional specific elements, unlike a divorce. In many cases, our Orlando family law attorneys have seen clients seek a divorce as opposed to an annulment due to the enhanced requirements required under Florida law before a court can grant an annulment.
Grounds for an Annulment in Florida
The family law attorneys at our Orlando office are here to help you through the annulment or divorce process. Our attorneys will listen to the facts of your case and determine whether an annulment or a divorce will best meet your legal objectives.
Some grounds for an annulment in Florida are:
- Underage Spouse: If one of the parties to the marriage was under the age of 18 and/or the underage party did not seek parental consent before the marriage as required by the State of Florida.
- Fraud or Duress: If the court determines that the foundation of the marriage was truly based on fraud or duress, then the marriage may not be considered a valid marriage under Florida Statute.
- Capacity: A Florida court may grant an annulment if it determines a party to the marriage did not have the capacity to enter into a valid marriage. For example, Florida courts have granted annulments on capacity grounds when one of the parties suffered from a mental illness at the time of marriage. Florida courts have also deemed a party to lack capacity if at the time of marriage they were impaired by alcohol or drugs. Furthermore, the courts have determined a party to lack the capacity to enter into a valid marriage if they are already married.
Grounds for a Divorce in Florida
The most common ground for seeking a divorce in the state of Florida is Irreconcilable Differences between the parties. Florida also recognizes grounds for a divorce in cases where one of the spouses has been mentally incapacitated for a period of at least three (3) years. No matter which situation you may be facing, our Orlando office attorneys will be able to assist you with your litigation needs.
Separating from a spouse is never easy, but our team of family law attorneys are here to help determine whether an annulment or divorce is the best course of action for you. Call our Orlando family law attorneys today to schedule your consultation.