Annulment

In the state of Florida, the annulment of marriage is possible only under certain circumstances. As experienced Orange County annulment lawyers, our goal is to educate those who are seeking an annulment regarding the requirements and process, so that you can make an informed decision.

In Orlando, as well as throughout the state, an individual may not seek an annulment rather than divorce in every case. In fact, annulment must be justified; in other words, a marriage must be void or non-legitimate in order to justify an annulment. Additionally, if the marriage was consummated, you will not be able to have an annulment; you will have to proceed through the divorce process to end your marriage.

A spouse seeking an annulment often does so for reasons such as:

• One or both spouses were intoxicated and got married on the spur of the moment
• One person was not able to consent to the marriage (lack of mental capacity)
• Fraud without the marriage being consummated
• One spouse was still married to someone else at the time and the marriage was not legally ended through annulment or divorce

If a marriage was entered into as a prank and a "true" marriage was not wanted by the parties involved, you may be able to seek an annulment. Many people also seek a religious annulment in addition to a civil annulment, as certain religions do not allow divorce. Unlike with divorce, an annulment will leave both parties without a record of ever being married. In essence, in an annulment, the court declares that the marriage did not exist.

Many people have the misconception that annulling their marriage will be easier than going through the divorce process. In fact, quite the opposite is true. Generally speaking, annulment of marriage in the state is costlier than divorce; these types of cases are also complex and even tricky. If it is determined that you are justified in filing an annulment, the judge may still say no when you get to the final hearing.

Basically, there is very little information regarding annulment in Florida law versus the enormous amount of information available on divorce. Annulment is a complex issue because it is not a "law" or legal right that has been established under Florida statutes.

In addition, if you have children, assets, debts, and other issues common in many marriages, these problems are not addressed in an annulment procedure. Understandably, the Court cannot declare that assets such as money, property, or children are non-existent. These issues will be decided by the judge, just as in a divorce case.

Is annulment the proper way to end your marriage, and are your reasons justified? As reputable Orange County divorce lawyers, we understand the frustration those who are trying to end a marriage face. We also understand that in many cases, individuals desire an annulment for religious reasons. However, it is a highly complex path to dissolving a marriage, which is why it is imperative that you speak with a skilled and knowledgeable attorney. We invite you to contact Adams, Luka, & Benton today at 407-872-0303or 352-357-4084 for the support and guidance you need to make the best decision in your situation. We provide outstanding legal representation to residents in Central Florida.