The Difference Between Annulment and Divorce

concept%20of%20divorce.jpgPutting it simply, a divorce dissolves the bond of marriage and an annulment is as if the marriage never happened.

The state of Florida recognizes annulments, but they are governed not by state law, but by case law. Annulments are exceedingly rare, especially these days – they are most common for religious reasons.

In Florida, there are two ways to be granted an annulment. You must show that the marriage was either void (one of the spouses was married to someone else) or voidable, which is the more common scenario.

To prove a voidable marriage, you must prove to the court that your marriage is invalid for one of these reasons:

Fraud or deceit – someone lied about something important, like their identity, and the other partner married them based upon that lie.

Duress and undue influence – someone was coerced into marriage by threat or coercion.

Consanguinity – marrying a close blood relation.

Impotence – the inability to have children that was not revealed until after the marriage.

If the marriage was consummated by having sexual relations after learning it was voidable, then an annulment claiming a voidable marriage is not possible.

Because annulments are rare and not governed by Florida law, they usually require more work than a divorce. You should consult with a Florida family law attorney to determine if your marriage qualifies for an annulment, or if you must pursue a divorce instead.

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