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Divorce vs. Annulment

Divorce Lawyers in Pensacola

Often our Pensacola attorneys are asked to explain the difference between a divorce and an annulment. Simply put, an annulment is a legal remedy available to individuals who entered into a void marriage, where as a divorce is the legal remedy for separating parties who engaged in a valid marriage.

Annulments have stricter statutory requirements that must be met adhered to in order for the court to enter a final judgment voiding the marriage. The attorneys at our Pensacola office will assess the facts of your case to determine whether your litigation goals are best met with a divorce or annulment.

Some grounds for an annulment in Florida are:

  • Underage Spouse: Underage marriages are not common, but they do happen. Nevertheless, if one of the parties was under the age of 18 at the time of marriage and/or did not get the consent of their parent before marrying, then per Florida statute a court may grant an annulment.
  • Fraud or Duress: Marriages based on or duress may not be considered a valid marriage under Florida Statute. The court will have to examine the facts surrounding the marriage to determine if the foundation of the marriage was based on fraud or duress. If fraud or duress is present, then the court may grant an annulment.
  • Capacity: Both parties entering into the marriage must have the capacity to do so in order for their marriage to be valid. Florida courts have granted annulments based on lack of capacity when one of the parties was suffering from a mental illness at the time of marriage. Capacity is also lacking when alcohol or drugs impaired one or both of the parties at the time of marriage. Florida courts have also granted annulments based on lack of capacity where one party was already married at the time of marriage.

If you have questions as to whether a divorce or annulment will better meet your legal needs, call our Pensacola attorneys today to schedule your consultation.