Brooksville Divorce Lawyer
Whittel & Melton Brooksville Divorce Attorney – handling all Florida Dissolution of Marriage Proceedings
Hernando County, Spring Hill, Brooksville, Weeki Wachee 352-666-6666
While most people choose to end their marriage through divorce, there is a lesser-known approach that can also end a marriage called annulment. An annulment declares a marriage null and void as long as it meets certain criteria. This can be confusing, especially in the state of Florida, where there are no annulment laws specifically written by the Florida legislature.
In order to properly differentiate between the two, it is important to understand their unique definitions. Divorce is the dissolution of a marriage and requires that the marriage in question was valid. On the other hand, an annulment is only given when the ability of one spouse to enter into a valid marriage comes into question.
In the state of Florida, annulments and divorces have a few key differences. First, Florida is a no-fault divorce state, which means that neither spouse must prove a grounds for divorce other than show that the marriage is irretrievably broken. Annulments are actually quite rare and are granted in rare cases like some of the following reasons:
- Mental incapacity
- Extreme intoxication
- One spouse is already married
Second, when it comes to divorce, only the spouses can initiate the process. Florida annulments, however, allow for a third party to question the validity of a marriage.
The lack of statutory guidelines in Florida makes it even more difficult to annul a marriage because mental incapacity, fraud, extreme intoxication, and duress must be determined by the court, so there are many inconsistencies and uncertainty in whether an annulment will actually be granted.
Choosing to end a marriage is a big decision. Our Brooksville Family Law Attorneys at Whittel & Melton can help you decide if divorce or an annulment is most appropriate. Both divorce or an annulment could have very important financial implications as it pertains to property division, assets and alimony. We can help you obtain the result that best suits your situation.
To receive your free initial consultation and find out more about our divorce and other family law services, please contact us online or call us 352-666-6666.