Annulment in Orlando, Florida

It is important to understand the difference between an annulment and a dissolution of marriage or divorce. A divorce seeks to terminate a valid marriage, whereas an annulment seeks to have a marriage declared invalid. In many cases it may be advisable to sue the divorce procedure even if an annulment is technically appropriate. This is because the divorce procedure is clearly spelled out in Chapter 61, Florida Statutes; whereas there are no statutory provisions for annulments, which are only covered by sparse case law. An annulment is usually preferred for religious reasons, and is accompanied by a church annulment procedure.
There are various grounds fro annulment. Some of these grounds result in the marriage being “void,” and other grounds result in the marriage being “voidable.” There are important differences between the two.
In general, a void marriage confers no legal rights on the parties. A void marriage can be asserted at any time, by an interested party in any proceeding where the existence of the marriage is a material fact. A void marriage may be asserted even after the death of the husband or wife (such as by heirs who would benefit from the marriage being declared void). Children of a void marriage are generally considered illegitimate , although this may have little practical effect under Florida law. The innocent party’s actions, after learning of the situation rendering the marriage void, do not bar an annulment action. Void marriage includes those situations where there is (1) a lack of actual consent; (2) a lack of legal capacity based on nonage, incest or bigamy; and, (3) a lack of mental capacity.
A voidable marriage is valid until either the husband or the wife has it annulled. The claim that the marriage is voidable may only be asserted by one of the parties to the marriage, and only while both parties are alive. The death of either the husband or the wife prohibits any such assertion, and the marriage become valid. The surviving spouse is still entitled to his or her inheritance. The party’s actions, after learning the voidability of the marriage, may bar an annulment. Continued cohabitation may ratify the marriage. Voidable marriages includes those marriage based on fraud or duress.
It should also be noted that common law marriage in Florida was abolished effective January 1, 1986, and that any such marriage is void. Threfore, there is no need to seek either annulment or dissolution of such a marriage.
It should further be noted that recent case law provides that an innocent spouse may be entitled to alimony in an annulment lawsuit.
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Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Michael Fender’s main website.