How to get an Annulment in Florida ?

Florida Courts, and sarasota divorce lawyers look at Annulment and Divorce separately. In a Florida Divorce, the marriage is acknowledged as legitimate, and through the divorce action, the marriage is dissolved by the Courts.

In an Annulment case, your Sarasota Divorce Attorney would request that the Court recognize that the marriage was never valid in the first place, and that the Court enter a judgment indicating that the parties were never married.

For an Annulment to take place in Florida, there must be some grounds to set aside the marriage.

Historically, Florida divorce Courts have allowed a marriage to be annulled based on Fraud or often a lack of consummation. Sarasota divorce attorneys know that there are two types of marriages that may qualify for annulment in Florida: “void” marriages, and “voidable” marriages. Although they sound the same, there is a significant difference.

A “voidable” marriage is one that was obtained by fraud, misrepresentation or duress. If the party who was the victim of the fraud, misrepresentation or duress “ratifies” the marriage.  Generally residing together as a married couple and engaging in sexual intercourse results in a “ratification”. Interestingly, the Florida case of Savini v. Savini that if the marriage was consummated, before learning of any fraud, this ratifies the marriage. This ruling is regardless of whether or not the party refused to continue to ratify the marriage after learning of the above fraud, misrepresentation or duress. If the marriage is consummated, the marriage is no longer voidable. The best Florida annulment attorneys can help you identify whether or not a marriage is voidable, and then whether or not you can get the marriage annulled in Florida.

A “void” marriage is one that isn’t valid because the Husband and Wife are related, are of the same gender, or if one of the parties is already married. No matter what happens between the Husband and Wife after the marriage, these types of marriages are always void in the State of Florida, and can be annulled in Florida. Contact one of our Sarasota Divorce lawyers to talk about whether or not you have the opportunity to annul your marriage.

The procedure for gaining an annulment is for one party to file a Petition for annulment of marriage, and to state one of the above grounds, for annulment, including a description of whether or not the marriage is void, or voidable, and if voidable, whether or not the marriage was ratified. Your Sarasota divorce lawyers will be able to advise you whether or not you can have your marriage annulled in Florida, and how best to go about getting the Florida annulment.
From our offices in Sarasota, our attorneys represent clients in divorce, child support, annulments, alimony, child custody and time-sharing and any all other Family law matters. Call the Attorney’s at Tobaygo Law today for your free consultation. (941) 404-8908.