Sarasota Annulment Lawyers
We always hear about the adventurous couple that elopes in Las Vegas during a fun night of excessive imbibing and gambling. They awake to rings on their fingers and a marriage certificate, feeling utterly shocked, horrified and regretful, wondering "Can my marriage be annulled?" When these sort of marriages occur, couples may be granted an annulment (as opposed to a divorce) in a court of law.
Annulment Lawyers in Southwest Florida
An annulment is the legal term that terminates a marriage that was never legitimate in the first place. Because of the conditions of a proposal, a marriage may not be recognized by a court of law. This makes a marriage null and void.
Marriage Annulment Requirements
There are many factors that may cause grounds for an annulment or for a marriage to be voided. It usually involves the inability to make a sound decision and provide legal consent. The following considerations are grounds an annulled marriage by family courts:
- Mental Illness & Intellectual Disability: If a person suffers from temporary episodes of insanity or a permanent mental illness, he/she may not be able to make sound decisions when proposed to.
- Misrepresentation: fraudulent signatures and submission of false records
- Compulsion: brainwashing, forced compliance
- Intoxication: usage of alcohol and drugs (especially illegal drugs such as marijuana)
- Impotency: a case in which a man is unable to maintain an erection for sexual intercourse and/or ejaculate properly
- Underage Marriages: In most states, parental consent is required for underaged couples to marry.
- Bigamy: having more than one (even multiple) spouses
- Incest: marrying family members (including children, grandparents, parents, aunts, uncles and first cousins)
- Mockery: marriages intended for an ulterior motive (i.e. marrying for the purpose of bringing foreign family members into the United States)
All of the above scenarios represent conditions that may prevent a person from making a sound decision to marry. Contact an experienced annulment attorney in Sarasota, FL, to determine if you qualify for an annulled marriage.
Annulment vs. Divorce
Annulments and divorces are not the same thing. Annulments cancel marriages that were never recognized by law. Divorces cancel marriages that are legally recognized. Since annulments and divorces are not the same, the consequences of both are also different.
- After an annulment, you will NOT be granted any marital rights or privileges. If your spouse has a company that has expanded or developed during the course of your “marriage,” you will not receive any compensation or share in the company’s profits (unless the property is legally shared and owned).
- You may no longer have access to an estate. If you and your spouse live in the same house, the house and furniture will not be distributed equally. In fact, the house will be granted to the legally recognized owner. The court will not consider mutual funds that contribute to a mortgage or rent. The house will be granted to the person whose name is on the lease.
- You will not receive financial support. After an annulment, you will not be granted any special financial support. However, you may be eligible to receive child support from your spouse.
- Fathers may lose guardian rights. While family courts will often arrange time and shared custody for parents (if they can not agree to a reasonable plan on their own), fathers may lose guardian rights. In most cases, children will automatically be assigned to the mother (unless the mother is proven to be unfit).
Want to know more? Learn how to get an annulment in Florida.
Sarasota Divorce, Family Law & Annulment Attorneys
Annulments can be confusing and often just as overwhelming and emotional as divorces. Experienced annulment lawyers at Tobaygo Law are well-versed in family law, divorce law and how to negotiate properly during annulments. Even if your marriage was never considered legitimate, you may be entitled to assets and properties after investing many years in your spouse. We are proud to serve and advise residents of Sarasota, FL, on family and divorce matters. Contact our team today for a free consultation and to find out if your marriage can be annulled in Florida.