Why Annulment In Florida Is More Tempting Than A Cinnabon And Just As Elusive
When things turn sour, annulment in Florida sounds a lot easier than having to deal with the divorce process. We all do things we regret and, as a Palm Beach divorce lawyer, I’ve heard it all. That said, you don’t have to be in the midst of marital turmoil to know the feeling.
Regret can come from not standing up to your boss at the office. Or an overwhelming sense of anxiety after using a reprimand from your boss as an excuse to take three shots of Don Julio to the dome after work. Leading to a character assassination of said boss. At the top of your lungs. Standing on a bar stool. In front of all of your Palm Beach County co-workers. It’s only when the smug brown-noser from IT circulates the video she took on her phone that things get a little too real and you start wishing for a do-over à la Eternal Sunshine of the Spotless Mind.
The Grounds For Divorce In Florida
One reason clients have for wanting a Florida annulment is because they don’t want to risk the wrath of their ex by explaining why they want a divorce. Good news. Florida is a no-fault state. This means you don’t have to prove, or even specify, the grounds for divorce in Florida. Either spouse can file for divorce and the requirements are quite simple.
- You must prove that a marriage exists.
- That one party has been a Florida resident for six months immediately before filing.
- That the marriage is irretrievably broken.
If there were grounds for divorce in Florida, a person would have to qualify for a divorce by proving their former flame gave them good reason to kick em to the curb.
What Would Grounds For Divorce In Florida Look Like?
Before Florida became a no-fault state, one party had to take the blame for the union falling apart. Under these marriage laws, a party would have to state the specific reason as to why they were filing for divorce.
- Sexual harassment.
- Domestic violence.
The responsible party had to confirm the correct date and place that the allegations were committed. Talk about public shaming! Different states accepted different grounds for divorce. What would be considered grounds for divorce in Florida might not pass the bar in another state.
The History of Marriage Annulment Explained By Palm Beach Divorce Lawyer
There was no annulment under English Common Law. You could only get a marriage annulment from the church. This continued in the states until the American Revolution. Following this, some states enacted laws authorizing annulment. This was due to the thought that it was unfair to require people to fulfill marital duties when a marriage was invalid. Currently, most states allow annulment.
There are two ways to legally end a marriage, annulment and divorce. An annulment is a legal procedure which cancels a marriage between a man and a woman. Annulling a marriage is as though it is completely erased – legally, it declares that the marriage never technically existed and was never valid. A divorce family, or legal dissolution of a marriage, is the ending of a valid marriage. This is between a man and a woman returning both parties to single status with the ability to remarry. The party initiating the annulment must prove that he or she has the grounds to do so for the marriage to be null and void.
Annulment In Florida vs. Divorce
Marriage annulment is confusing because it is not covered under Florida Statute or the Florida Family Law Rules of Procedure. It is a common law action in equity to terminate a void or voidable marriage. A void marriage cannot later be legally ratified under any circumstance.
For example, take Billy-Joe. Your distant relative in the Appalachians that is always excluded from family holidays. The one who got hitched to his long-time sweetheart Bobby-Sue. Who also happened to be his niece. You know, the wedding where they toasted with Natty Light and the best man crushed the can on his head afterwards? Or the poor lady down the street who inherited her oil tycoon husband’s fortune and quickly became one of the flashiest Boca Raton women in town. The one that later married that mysterious, yet charming, Australian fellow only to find out he had a wife and kids at home in the Outback? Yep, you guessed it, both marriages are void and subject to annulment in Florida.
Why The Difference Between Florida Annulment vs Divorce In Palm Beach County Is Important
On the other hand, a Palm Beach County marriage is voidable when one or both of the parties is under a disability that neither was aware at the time of their church marriage. In this case, it’s possible for the parties to ratify the marriage after the impediment has been removed. We all know some poor schmuck who has woken up in Vegas with a pounding headache, covered in glitter with a shiny new wedding band. His first call after making sure he’s still financially intact? The best divorce lawyer he can find, naturally.
There’s only one problem. A voidable marriage may be annulled as long as it hasn’t been ratified. In other words, an annulment is only permitted if it was the most disappointing wedding night EVER.
Palm Beach Divorce Lawyer Answers The Top Question About Annulment In Florida: What Are The Grounds For A Marriage Annulment Anyway?
Additional grounds for annulment in Florida are:
- lack of actual consent
- consent wrongfully procured by force, duress, fraud, or concealment
- lack of physical capacity to consummate the marriage.
As you can see, it’s important for Boca Raton couples to understand the differences between annulment vs. divorce when it comes to ending a Florida marriage. While fraud may seem like a pretty easy way to peace out on your new life partner, Florida state marriages that have been consummated can’t be annulled on this premise. Even if the annulled parties agree. It is also important to note that only the innocent party may seek an annulment in Florida.
And although that little old lady previously mentioned definitely got the short end of the stick, she may not be completely screwed.
A Palm Beach County family court can award equitable alimony to a putative spouse in a void or voidable marriage. Alternatively, Kangaroo Jack can show that he participated in divorce proceedings in Sydney before shacking up with his new bride and that he didn’t know the split wasn’t kosher. Then, the court can order the former widow to cough up the dough for alimony.
Retaining a qualified Palm Beach divorce lawyer for your Florida annulment is a must. While you may not be able to erase the memory of your past lapse in judgment, you certainly can move on with your life and pretend it never happened. Just like that night in college when you took one for the team.
Click Palm Beach Divorce Lawyer to schedule your consultation. Proudly Serving Boca Raton, Delray Beach, West Palm Beach, and all of Palm Beach County, South Florida.
Boca Raton FL Divorce Lawyer Practice Areas Include:
Florida Prenuptial Agreement
Post Marital Agreement
Simplified Dissolution of Marriage
High Net Worth Divorce
Annulment In Florida
Florida Alimony Laws
Division of Retirement Benefits In Florida Divorce
Legal Separation Agreement
Division of Property
Dissipation of Marital Assets
Modification of Alimony Payments
Florida Modification of Child Support
Modification Of Child Custody In Florida
Florida Child Support Enforcement