Sarasota Annulment Attorneys
Spouses who seek to annul their marriage must go through certain procedures to legally invalidate the marriage. An annulment clears legal records of any record of the marriage, which legally serves to dissolve any trace that might suggest the marriage occurred. For assistance with determining whether an annulment is optimal for your situation, contact Tobaygo Law to speak with an experienced family law attorney in Sarasota, FL. We will guide you through each step of the Florida annulment process for an optimal outcome to your case.
What Is An Annulment?
An annulment is a legal term for terminating or invalidating a marriage. Due to the terms of the marriage, the marriage may not be recognized by a court of law, resulting in the illegitimacy of the marriage. Florida courts presume marriages to be legal and valid — a spouse seeking to obtain an annulment retains a significant burden of proof to substantially provide strong evidence in favor of the annulment. Due to the complex nature of annulments, it’s imperative to consult with a skilled Sarasota divorce attorney to provide all of the evidence required.
What Are The Legal Grounds For An Annulment?
The legal grounds to an annulment generally pertain to the inability of a spouse to make sound decisions at the time of the marriage as well as failure to legally prove consent to the union. The following considerations may be grounds for an annulment within the State of Florida.
- Intellectual Disability
- Mental Illness
- Forced Compliance
- Underage Marriage
The Florida Annulment Process
To file for an annulment in Florida, family courts require a substantial degree of evidence which demonstrates that the marriage is invalid. The action of initiating a legal proceeding for an annulment is similar to that of divorce, among other types of court proceedings. The annulment attorneys with our family law firm can guide you through each stage of the annulment process, from gathering and submitting the required paperwork to filing for the annulment as well as managing any counterclaims to the annulment.
After submitting the necessary paperwork and filing a petition with the court requesting the annulment, the court will issue a notice of annulment to the respondent spouse. The burden of proof rests upon the spouse who files for the annulment to make evident why the marriage should be voided. Should the respondent spouse deny any claims made within the petition, the respondent spouse may file for a counterclaim. Thereafter, the presiding judge will determine whether to approve or deny the annulment or to grant a divorce.
Annulment Vs. Divorce
An annulment is different from a divorce due to a number of factors. An annulment declares marriage as void, thereby removing all records pertaining to the existence of the marriage. Unless the annulment order is appealed, the Final Judgment of Annulment ends the annulment process. A divorce, or Final Judgment of Dissolution, cancels a legally recognized marriage. In addition, divorce is modifiable, while the terms of an annulment cannot be changed.
What Are The Consequences Of An Annulment?
The consequences of an annulment also contrast with the terms of divorce in terms of the distribution of marital assets and property, financial support, and custody over minor children. For more information regarding how to get an annulment in Florida, contact our law firm.
Following a final Judgment of Annulment, spouses will not be granted any marital rights or privileges to a business. If one spouse owns a company that has expanded or developed during the course of the marriage, the other spouse will not receive any compensation or share in the profits of the company, unless the company is mutually owned by both spouses.
An annulment may void access to one spouse an estate in which both spouses or one of the spouses lived during the course of the marriage. If, while married, spouses live in the same home, the home and furniture will be granted to the legally recognized property or renter. The courts will not consider mutual funds that may have contributed to a mortgage or rent.
After an annulment, spouses will not be granted any special financial support paid by one spouse to the other spouse. Upon examination of circumstances specific to the case, Florida courts may order child support to be paid by one spouse to the spouse who retains primary custody over a minor child. For more information, contact a divorce attorney with our firm.
Regarding guardianship and custodial rights, an annulment may dissolve the rights of a non biological father to a minor child. While family courts will often arrange visitation and possible shared custody between parents, establishing paternity in a court of law is typically required for the purpose of gaining sole custody or partial custody over a child or children.