A marriage annulment is a legal procedure in family law that dissolves a couple’s marital status. The annulment process invalidates the marriage, returning the parties to their prior single status.
A marriage may be declared invalid through a petition for annulment where the marriage was entered into through one of the following grounds:
An annulment may be available where a marriage is invalid and therefore is not legally binding. A person seeking an annulment must show that the marriage was void when it was entered into. On the other hand, if the marriage is not void and is legally binding, one or both spouse(s) may seek a divorce. A divorce occurs where the marriage is legally valid, a court declares that the marriage existed and has come to an end, and one or both spouse(s) desire to legally separate.
Yes, religious annulments differ in the importance they might attach to annulment versus divorce. You should consult with your religious advisor in this regard.
There is no specific time limit for an annulment. Rather, Florida courts render annulments based solely on the facts of the case and the grounds for which the annulment is brought. However, a party may take certain actions that may render the marriage ratified or not subject to annulment. Further, a party may waive his or her right to annulment through taking certain actions. The annulment process is complicated and assistance from a competent family law attorney may be in your best interest to protect your legal rights.
Yes, an annulment returns the parties to their prior single status as if the marriage never existed.
This depends on your own unique circumstances. It is important that you obtain legal guidance from a family law attorney to determine the most effective and legally sound solution for your situation. Assistance of a family law attorney can greatly improve your odds of success because both the process for annulment and divorce can be complicated.
The Law Office of Knellinger, Jacobson & Associates can guide you through this process. If you are considering filing for a divorce or petitioning for an annulment, contact our office in Gainesville, FL to schedule an appointment with one of our family law attorneys.
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