Annulment, Divorce, and Legal Separation In Florida: What is the Difference?
If you are a Florida resident and are thinking about ending your marriage, it is important to know that there are many different ways to do it. While some people do choose to get a divorce, a legal separation or annulment is a more appropriate option for others. Below, one of our Tampa divorce attorneys explains more.
Understanding Divorce
The only way to formally and legally dissolve a marriage is to get a divorce. Generally speaking, any time a couple is married and wants to end their marriage, they can get a divorce. Florida is a no-fault divorce state, which means any spouse can file for divorce by simply stating that the marital relationship is irretrievably broken and that there is no chance of reconciliation. The person who files the paperwork does not have to prove that their spouse is to blame for the end of the marriage. Both spouses also do not have to agree to a no-fault divorce.
In the Sunshine State, getting a divorce is a relatively straightforward process. Still, it can involve many complicated issues. Child custody and support, property division, and alimony are just a few of these. The majority of divorce cases are settled out of court, but there is a small percentage that go to trial. If the couple cannot reach an agreement and have to go to trial, a judge will make all of the final decisions.
Understanding Annulment
Unlike a divorce, annulment does not officially dissolve a marriage. Instead, it declares the marriage as null and void and essentially makes it as though the union never existed. There are very few reasons a couple can choose annulment over divorce and they must meet certain requirements. When annulling a marriage, a person must prove one of the following:
- Underage spouses
- Bigamy
- Incest
- Lack of, or inability to, consent to the marriage
- Impotence
- Duress, fraud, or misrepresentation
Understanding Legal Separation
Florida is one of a handful of states that do not recognize legal separation. Legal separation refers to when a couple lives separate and apart and do not have marital relations, but they are still legally married. Living separate and apart does not mean a couple is legally separated in Florida, nor does it provide grounds for divorce.
Still, if a Florida couple wishes to remain married but do not want to live as a married couple, a postnuptial agreement may be a good option. In a postnuptial agreement, a couple can agree to different terms such as alimony and property division. This is often a good option for couples who do not want to divorce for personal, practical, or religious reasons.
Our Divorce Attorneys in Tampa Can Advise On Your Case
If you are thinking about ending your marriage and want to know more about your options, our Tampa divorce attorneys at All Family Law Group, P.A., are here to help. Call us now at 813-672-1900 or contact us online to request a free consultation and to learn more about your legal options.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
