Difference Between a Divorce and an Annulment in Florida

Ending a marital relationship involves a complicated process. Of course, emotions make the situations worse, but legal matters also make everything more complex. Divorce and annulments are the main ways to ensure a formal termination of the marriage. Divorce involves legal proceedings to end a valid marriage. However, annulment is a way to claim the relationship was invalid. Throughout the process, you should consider some evidence and circumstances to make annulments. You can contact Cabanas Law Firm to choose between annulment and divorce, and make strong decisions throughout. 

Defining divorce from the legal perspective

A divorce means the legal dissolution of your marital relationship. As it ends a valid marriage, both parties regain their single status. They can also remarry others in the future.

Divorce can be of two types – fault and no-fault. A fault divorce means there is a guilty party for your marital break-up. However, in that case, you need to wait for some time for the final legal separation.

What are the main grounds for fault-based divorce?

If you or your partner can prove grounds for divorce, it will be a fault-based separation. The most common grounds are:

Desertion – One partner has abandoned another emotionally and physically.

Adultery – It refers to extramarital relationships.

Abuse – Sometimes, one spouse becomes the victim of emotional abuse or violent attacks. If you experience threats or abusive language, you can file a divorce case. 

Imprisonment – Your partner committed a crime and is sentenced to jail.

Insanity – If a qualified psychiatrist considers one of both spouses insane, it leads to divorce.

What is a marriage annulment?

Your marriage will be null and void if you have considered annulment. With an annulment, it is easier to manage prenuptial agreements and property divisions. But, it is difficult to get a grant for annulment. To make your marriage invalid, one spouse must show strong grounds. Only under special circumstances, you can appeal to the court for annulment.

Some common situations for marriage annulment:

  • One of the spouses might have fallen into a trap for marriage
  • One or both partners had a mental disability, or they were under the alcoholic influence during marriage. In these situations, as they could not make marital decisions, they would qualify for annulment.
  • The spouses were underage (below 18 years) during their marriage. 
  • One of both spouses had not exposed some significant details (such as a life-threatening disease or conviction) of their lives.
  • Marital partners could not get physically intimate.

So, these are scenarios when you can consider marriage annulment. But, you must show your proof for every claim.

However, if you have children, the rules are different for annulment and divorce. In case of annulments, both partners can claim child custody, but there is also an option for shared custody.

You should look for a reputable lawyer in Florida to discuss your marriage issues. The lawyer will analyze the situation and help you choose the right option for ending your marriage. The legal advice will make the process easier. 

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