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When a couple seeks to absolve their marriage, they are required to terminate their vows through the court system, taking the form of a divorce also known as a dissolution of marriage. The details of the divorce may be reached between the spouses or be determined by the Court. Either may determine how to separate possessions and possibly even the time the spouses share with their children.

An annulment is the termination of the marriage in a different manner by making it as if that marriage never occurred due to specific circumstances. Florida law has no particular statute which determine annulments meaning that judges need to determine if annulment is applicable to each individual case. For example, if incest or bigamy between the spouses were present, then an annulment can be declared, voiding the marriage, and making it so the marriage never legally existed.

An annulment may also be pursued if the marriage was entered solely due to duress. In other words, the feeling of pressure that it deprives the individual of capacity to refuse. Marriage established under fraudulent or coercive means can therefore be annulled by the courts to avoid the process of a divorce and resulting consequences.

A request for alimony or distribution of property is one vital factor in the choice between a divorce and annulment. While alimony can be granted in annulment it is exceedingly rare as the marriage never technically existed in the eyes of the law. Therefore, the option of any alimony or financial benefits that are available if the original marriage was recognized become unavailable.

As divorce and annulment may naturally generate stress from the conflict that ignited the desire for separation, the legal procedures which follow can double down on these concerns. Consulting with our experienced team of lawyers can ensure that your concerns are addressed efficiently and professionally.

All these steps may appear daunting, but our legal team is committed to ensuring that your best interest remain firmly in mind and that the process goes as smoothly and stress free for you as possible.