Divorce vs. Annulment

Hazel came rushing into my office for her initial family law consultation.  "I want an annulment" she cried. "I have only been married for two years and my husband is having an affair."

I told her annulments may only be awarded in special circumstances; that just because the marriage is of short duration you just cannot have the marriage annulled.

An annulment is a cancellation of the marriage.  It is as if the marriage never occurred.

In order to attain an annulment, rather than a divorce, you must show:  (1) the marriage is illegal (bigamy); (2) that the Party was tricked into marriage.  There are other grounds, but they generally revolve around the same thing.  The marriage should or could not have occurred in the first place.

Because the marriage was never legal, the court has very little power to award Property and no power to award Alimony.  To know your rights regarding Annulment, contact an expert Tampa family law Attorney.


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