Do I qualify for an annulment?

Some newlywed couples realize they are not meant to be together and they would rather get an annulment than a divorce. But in order to qualify for an annulment, one of the spouses has to prove something he or she didn’t know about prior to being married caused a rupture in the relationship. Annulments are quick and generally easier than filing for divorce. It is as if the marriage never happened. Ask Aventura annulment attorney Stephanie G. Morrow to walk you through the whole process step by step.

Basic difference between annulment and divorce

Divorce and annulment are the two legal ways to dissolve a marriage yet they are very different. A divorce is when a valid marriage is dissolved and an annulment is granted when a marriage was legally nonexistent. In other words, the court will grant the annulment on the basis of a marriage that never existed due to a valid reason.

Divorce can be obtained in Florida for a variety of reasons, including living in the state for at least six months, and both spouses agreeing on important aspects such as child custody, alimony, property division, and child support. Annulment, on the other hand, is granted in Florida when:

• One of the spouses is married to another.
• One of the spouses is mentally unstable.
• The marriage was not consummated.
• The marriage is fraudulent.
• One of the spouses is underage and got married without a parent or guardian’s consent.

Even in cases when the relationship qualifies for an annulment, the state may not grant it. For instance, if the marriage was consummated, the court may determine the marriage is legally valid and refuse to grant the annulment. This is why it is important you hire an experienced Aventura annulment attorney to explore your options.

When one of the parties is underage

Marriages between underage parties may qualify for an annulment except when there was a pregnancy and there is a court order. When a spouse is pregnant or when the baby is born, the couple can no longer annul the marriage except if one of the spouses disqualifies when the marriage took place.

When one of the parties lacks mental capacity

There are times when one of the spouses doesn’t understand what marriage entails. He or she may not be mentally capable to take on the duties and responsibilities of a marriage. However, only the mental capacity of the person at the time of the marriage may qualify for an annulment.

Your legal advice in Aventura

Ending a relationship can be a stressful process for the whole family. Every case is different and the circumstances leading to an annulment are very unique. A family law attorney can explain what your legal options are. If you would like to discuss your options, call us today and schedule a free confidential case assessment. You will never know unless you ask. We look forward to hearing from you soon!