Considering the prospect of divorce or annulment is never a pleasant thought, but knowing the differences between the two and your best option in Miami, FL, is essential.
Whether you have been married for 5 minutes or 50 years, it can seem overwhelming with day-long court hearings and intimidating lawyers. But don’t worry! We are here today to help clarify divorce vs. annulment so you can decide which path will work best for you.
So strap yourselves in – it’s time to dive deeply into this complex legal situation!
With over 25 years of experience dealing with annulments in Florida, Arturo R. Alfonso, P.A., is a name you can trust. We are recognized as the best divorce and annulment attorneys due to our commitment to clients and desire to see things conducted amicably.
In addition, hiring a lawyer who understands the legalities of divorce and annulments in Miami is crucial. In this regard, we fully understand marriage and annulments in Florida and will offer you the best outcome for your divorce case.
Let’s expound on this further:
Divorce vs. Annulment: What is the Difference?
A divorce is the legal termination of a valid marriage, whereas an annulment declares the marriage null and void. In a divorce, property, assets, and child custody are divided according to state law guidelines, while annulments erase a marriage like it never existed.
Grounds for a Divorce in Florida
In Florida, divorce is considered ‘no-fault,’ which means either spouse can request a divorce without providing specific reasons for the separation. However, the petitioner must state that the marriage is ‘irretrievably broken’ or that one of the partners is mentally incapacitated.
Grounds for an Annulment
Unlike divorce, marriage annulments in Florida require specific legal grounds to be considered valid. These grounds fall into the categories of void or voidable marriages. A void marriage is automatically invalid as it is against state laws, while certain circumstances can invalidate a voidable marriage.
Void Marriages
Marriages can be considered void under the following circumstances:
- Incest – This is marriage between close relatives, such as siblings or first-degree family members. They are legally invalid.
- Bigamy – This is a marriage where one spouse is already legally married to someone else and is considered void.
Voidable Marriages
The following reasons can lead to a marriage being considered voidable:
- Fraud: If you use deception to enter the marriage, such as hiding a fact or lying about a significant personal detail, the marriage could be annulled.
- Coercion: A marriage entered under duress, threats, or force can be considered voidable.
- Impotence: When one spouse is incapable of sexual intercourse, which they did not reveal before the marriage, the union can be annulled.
- Underage: A marriage involving a minor without proper consent can be considered voidable.
- Mental incapacity: If one spouse is mentally incapable of understanding the consequences of getting married, the marriage could be annulled.
Annulment Eligibility in Miami, Florida
To be granted a marriage annulment in Miami, Florida, the petitioning spouse must prove to the court that the marriage meets the criteria for either a void or voidable marriage.
The burden of proof lies with the petitioner, and the process includes providing evidence, affidavits, and sworn testimony. The legal process for annulment is usually more complex than divorce proceedings.
Contact Us for Annulments in Florida!
Understanding the difference between a divorce and an annulment is crucial for couples seeking legal separation in Miami, Florida. A divorce terminates a valid marriage, while an annulment declares the marriage null and void. Annulments must meet specific legal ground requirements and may be challenging to obtain.
Suppose you are considering ending your marriage and need legal assistance in Miami, Florida. In that case, it is advisable to consult with Arturo R. Alfonso P.A. We will guide you through the legal process and ensure you decide whether to pursue a divorce or an annulment.
Additionally, we offer legal representation in the following cases:
- Alimony & Spousal Support
- Child Law
- Divorce Law
- Annulments
- Family Law
- Real Estate Law
- Bankruptcy Law
Please call us today. We are at 7821 Coral Way, Suite 125, Miami, FL 33155 (305) 266-9584!