Tampa Annulment Lawyer
Many people use the terms divorce and annulment interchangeably, but they mean different things. While both end a marriage, they are granted for different reasons.
A divorce ends a valid marriage due to irreconcilable differences. An annulment ends a marriage that was never valid in the first place. If you are seeking an annulment, then you are claiming that the marriage is a sham and should have never existed in the first place.
If your marriage is annulled, then it is erased from your record, so you can legitimately say that you are single and have never been married. So if you want to end your marriage, the first step is determining whether or not it is valid.
There are many misconceptions about annulments, including when they are available and under what circumstances. Keep in mind that most marriages do not qualify for an annulment. Is your marriage voidable? Contact Westchase Law to learn more. Our Tampa annulment lawyers can help you understand your options and make sure you are prepared.
Grounds for Annulment
To annul your marriage, there must be one of the following grounds:
- Bigamy. One of the spouses is already married.
- Incest. The spouses are too closely related to be married (parent-child, siblings, etc.)
- Fraud. One of the spouses has lied about something, such as their age, criminal record, finances, employment status, previous marriage, or having children.
- Impotency. One of the spouses is incurably impotent and the other spouse did not know, so the marriage was never consummated.
- Lack of consent. One party was underage or lacked mental capacity to consent to the marriage.
- Force. It is illegal to coerce someone into marriage. Threatening someone to get married can result in an annulment.
What Happens if There is an Annulment?
If the couple is granted an annulment, it will be as if there was never a marriage. Therefore, marital assets or property will not be divided. The spouses will leave the relationship with the same property as when they started. In addition, Florida does not usually grant alimony, since there was no legal marriage to begin with.
Sometimes there are children involved in annulments. These children are still considered the legitimate children of both parties, so sometimes the court may award some sort of financial support.
There are no time limits for getting annulments in Florida. However, when an annulment is a possibility, the sooner, the better. Waiting too long can make an annulment harder, which means divorce may be the only option.
Contact Westchase Law Today
In certain cases, a person may be able to opt for an annulment instead of a divorce. Both allow you to move on and remarry, but an annulment makes your marriage void. However, simply regretting your marriage is not enough to make it voidable.
What are your options? Is an annulment a possibility? Contact Westchase Law to learn more about the laws involved. Call 813-490-5211 to schedule a consultation with our Tampa annulment attorneys.