Many people think that divorce and annulment are the same. This is a misconception as they are quite different from each other. Although they are both ways in which a party can leave a marriage, a divorce ends an existing and valid marriage while an annulment declares that a marriage was never valid. A divorce is generally a less time-consuming and simpler process while the process of annulment is complex as a person must prove that the marriage is void and never existed.
Florida state law does not explicitly address the issue of annulments. Over the years, Florida courts have issued numerous judgments on matters relating to annulments and these have become judicial precedents in cases of annulment. These decisions by the courts constitute Florida’s annulment laws.
In this blog, you will learn about the challenges you might face while trying to annul your marriage in Florida and how a family law attorney in Florida can help you during the process.
If the other spouse does not agree with the claims in the petition, he/she has the right to file a counterclaim for dissolution of marriage. If the counterclaim is successful, the court grants a divorce instead of an annulment.
It doesn’t matter whether the marriage is void or voidable; the court makes decisions about child support and child custody. After the annulment, neither of the former spouses has the right to inherit the property of each other. Neither of them can claim each other’s insurance, retirement, or other benefits.
When both parties accept all the terms of the annulment and reach an agreement, a Final Decree of Annulment can be prepared. Both parties are required to sign the Decree of Annulment and submit it to the judge. To opt for a Decree of Annulment without hearing, the couple must fill the Request for Summary Disposition and an Affidavit in Support.