In Florida, spouses can request an annulment at any point, there is no time limit involved. People file for annulments to void marriages over things such as fraud, the protection of assets, and for religious reasons.
A divorce ends a marriage, but with annulment, a spouse is asking the court to rule that the marriage never legally existed.
Robert Sparks Annulment Attorneys of Tampa stands beside our clients when trying to secure an annulment. Spouses may have been lied to about many things when entering a fraudulent marriage. They’ll need freedom from the union, but they must also emerge from annulment with their assets intact and with enough in support to rebuild their lives. Contact our offices to schedule legal consultation on your best options for escaping a marriage.
How Does Annulment Work in Florida?
Spouses turn to divorce to divide up their assets with a partner and bring an end to a marriage. But an annulment seeks to dissolve a marriage as if it never occurred.
Unlike some other states, Florida has no waiting period for how long into a marriage someone can request an annulment. You can ask the court to nullify a marriage no matter how long it’s been since you got married. However, the longer a marriage goes, the harder it may be to get a judge to see your side and grant an annulment. Speak with a skilled Tampa attorney as soon as you realize you require an annulment.
There are many reasons partners desire an annulment over a divorce:
- The revelation of bigamy. A spouse may find out a partner is already married. The partner can’t legally be married to more than one person at once in Florida.
- Mental incompetence. A spouse may have not been in a right mind to agree to the marriage. The spouse may have been under the influence of drugs or alcohol. A spouse may not have had the mental capacity to understand the responsibilities of marriage.
- Failure to Consummate. If a spouse is unable to have sex with a partner, but doesn’t reveal it until after the marriage, the marriage could be annulled.
- A spouse may have lied about having children or about financial debt. A marriage may not have been based on love, but one spouse was not aware.
Some churches and faiths offer their own type of annulment. Getting a religious annulment often makes it possible for the person to get remarried with the approval of the church. However, a religious annulment doesn’t affect the state of Florida’s opinion that the couple is still married.
Unfortunately, Florida doesn’t have statutes that clearly define annulment. This lack of clarity gives Florida courts a lot of discretion on how to rule in an annulment case. That wide range of outcomes means it’s even more important to choose a skilled Tampa Annulment Lawyer who can protect you and your family. A judge can always say no, and make you seek a divorce. A Robert Sparks attorney makes sure a judge fully understands the reasons an annulment is necessary for you and your family.
Alimony and Asset Division in an Annulment
People forced to seek an annulment actually give up their rights to spousal support (alimony) once the annulment goes final.
Since, in the eyes of the court, the marriage never existed, there is no marital property or debt to divide up. Partners should be taking back whatever they entered into the union with. Property won’t be split up for you.
You’ll need to seek a divorce if you feel you are owed continued support after a break-up. Divorce is also the route to take if you feel you are owed a portion of retirement savings and investments held by a partner.
Child Support After a Florida Annulment
The issue of child support will be decided after a couple is granted an annulment. The union may have been erased, but that doesn’t mean parents are excused from providing for their children.
Both parents would still be responsible for the wellbeing of the children they had together. The support would be determined by Florida’s state guidelines under a judge’s guidance. Custody would also be determined by a judge, considering what was best for the child, much like in a divorce.
Contact a Tampa Annulment Lawyer
At Robert Sparks Attorneys, we are protective of our clients and we get aggressive to secure what’s fair for them. We stand beside our clients through the most emotional and difficult annulment battles to make sure they secure the freedom they require.
If you are considering an annulment in the Tampa area, please give our Tampa divorce lawyers a chance to safeguard your interests. Contact us for a no-obligation consultation on your case and find out your best option for getting free of marriage and keeping the assets you’ve worked so hard for. We also want to make sure your family, especially children, emerge from annulment with the support they need.