There are specific procedures and laws governing annulments in Florida, which are distinct from divorce proceedings. If you are married and want more information about an annulment, or you are ready to begin the process of obtaining an annulment, the experienced team at Stok Kon + Braverman is prepared to assist you. We understand what a challenging journey this can be for the parties involved. With more than 45 years of experience, Fort Lauderdale annulment lawyer Alan Jay Braverman provides compassionate and thorough legal counsel at each stage of the process, ensuring that you are fully aware of your legal rights and options. While you are focusing on beginning a new chapter in your life, we can protect your rights and help minimize the disruption caused by ending a relationship.Understanding the Difference Between Divorces and Annulments
There are certain conditions that you must satisfy to obtain an annulment in Florida. In general, an annulment is a court order that declares a marriage invalid. It not only dissolves the marriage but also has the legal impact of making it as if the marriage never even existed. Many people are curious about the difference between a divorce and an annulment. A divorce is a declaration that a marriage has ended. It often includes provisions about asset distribution, child support, alimony, and other aspects of separation. A divorce does not change the fact that the marriage once existed.
When it comes to an annulment, the proceeding is based on a claim by one or both parties that the marriage was fraudulent or a sham in some aspect or that there was another compelling circumstance that negated the validity of the marriage. The ultimate difference between a divorce and an annulment, however, is that an annulment results in the marriage being non-existent or legally invalid. An annulment attorney can help Fort Lauderdale residents understand which option might be better for their situation.Obtaining an Annulment in Florida
Although Florida law has many provisions that detail how to obtain a divorce and many procedural requirements that you must satisfy, there is less information about obtaining an annulment. As a result, courts in Florida have filled these gaps through case law regarding how, when, and why parties can seek an annulment. Since there is less established and well-settled law about annulments, the proceedings can be more nuanced. This is why it is crucial to consult with an experienced Fort Lauderdale annulment attorney early in the process.
One of the main things to consider is whether you meet one of the basic grounds for obtaining an annulment that Florida courts have identified. You might seek an annulment if the marriage is void because one of the spouses was married to another person, or if the marriage involves a couple with a close relationship through blood or marriage. Another ground involves situations in which one spouse was mentally incapacitated and did not have the requisite mental ability to consent to the union. You can also seek an annulment if the parties were both underage. Another basis for obtaining an annulment involves situations in which one spouse used fraudulent actions, misrepresentations, or threats to persuade the other party into agreeing to the marriage. For the fraudulent act to serve as a valid ground, it must be something that goes to the essence of the marriage, such as lying about having an intent to live together as a couple. A dedicated family law attorney can help you explore other recognized grounds for annulment and determine whether they apply in your situation.Retain an Experienced Annulment Lawyer in Fort Lauderdale
Annulments are not always straightforward and can require careful planning and evidence-gathering. Since the law is not settled, there are more variables and issues that you may encounter in the process of persuading a judge to grant your request. Having practiced in this area since 1973, Alan Jay Braverman proudly serves people in cities such as Fort Lauderdale, Boynton Beach, Hollywood, Pembroke Pines, Tamarac, Weston, Plantation, Pompano Beach, Hallandale Beach, Davie, and Coconut Creek. To schedule a free consultation* to discuss a potential annulment or another family law matter, such as property division, contact us online or call us at 954-237-1777 or 561-736-7117.