Divorce Versus Annulment: What Is the Difference?

Divorce Versus Annulment: What Is the Difference?

Posted By R. Gregory Colvin LLC || 4-Feb-2019

What Is Divorce and What is an Annulment?

The simplest way to differentiate a divorce from an annulment is in definition; a divorce is a legal declaration that a marriage existed and has reached an ending, while annulment is a declaration that a marriage was never real, or non-existent. In order for a Florida court to grant an annulment, the claim must be proven that the marriage was fraudulent, or not real, due to compelling circumstances. Processing an annulment in Florida is more involved and complex than a divorce. If you are seeking an annulment or a divorce, contact our Orlando divorce attorney at R. Gregory Colvin LLC. We understand that you need a lawyer with compassion, understanding, and experience with divorce law in Florida.

Seeking an Annulment

If you are seeking an annulment in Orlando court, it is necessary to establish and carry out the burden of proof of a voidable marriage.

A voidable, or annulment allowable, marriage is one that applies to one of several rules, including:

  • Marriage wherein the spouse is found to be pregnant by another man once the marriage takes place, meaning the woman became pregnant before the marriage took place.
  • Marriage wherein one of the spouses was underage (under 18) at the time the marriage took place.
  • Marriage that was commenced under fraud or duress.
  • Marriage that takes places where one or both spouses was not in full mental capacity or under the influence of alcohol or drugs, bigamy or incest.
  • Marriage in which one spouse is legally married to someone else

The grounds for annulment and the burden of proof make it a more labor-intensive process than a divorce, but if you would like for the marriage to “disappear” it is the right choice for you.

Florida is a “no-fault” state, so divorce does not have to have grounds like annulment does. You can file for divorce without sharing your reasoning for doing so. You or your spouse must be an Orlando resident for 6 months or more to file in Orlando. The parameters of your divorce will be decided with your attorneys, or between you and your spouse if you can agree to the terms and will be set in place by a dissolution of marriage. Depending on the simplicity of the divorce, you may qualify for a simple dissolution or regular dissolution. If you have questions about what kind of divorce fits your situation, it is best to consult with our experienced Orlando divorce attorney.

Orlando Divorce Attorney

When your marriage is a “mistake”, or you entered it under false pretenses, you may want to get an annulment. Although the process is different than divorce, our Orlando divorce attorney can help you make sure that your marriage “disappears” with an annulment. If you choose to end your marriage with a standard divorce, it is best to make sure all division is documented and that you have the legal support from our team that makes the process proceed smoothly. Let Attorney R. Gregory Colvin handle your divorce so that you can focus forward.

Contact our firm at (407) 603-3460.

Categories: Divorce

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