Accordingly, individuals should consult with an attorney to determine their best course of action before taking any steps to end a marriage. Those with questions like, what is an annulment vs. divorce? or should I get a divorce or annulment?, should consult a highly experienced legal team. A knowledgeable attorney can help answer these and other questions.
Divorce vs. Annulment
In Florida, married couples have two options to end their marriage legally—a dissolution of marriage (divorce) or annulment. Each of these methods reaches the same result, which is the irrevocable end of the marriage. However, the applicability, requirements, and processes for these methods vary. The primary difference between a divorce and an annulment in Florida is that a divorce ends a valid and legal marriage, whereas an annulment declares a marriage legally invalid. (Please note that a religious annulment is a different matter that must be done through the rules and laws of the church.)
Grounds for a Divorce or Annulment in Florida
The “grounds” for a divorce or annulment refer to the basis or reason for the action. In Florida, divorces are much more common because they dissolve a marriage that both parties agree existed. In contrast, one or both parties may seek an annulment when either party believes that the marriage was legally invalid.
Basis for Annulment in Florida
Annulments are only possible when a purported marriage meets court-established criteria and is void or voidable. Under the law, void marriages are automatically void, even without court intervention. On the other hand, voidable marriages typically require that the parties secure an annulment through court proceedings. In these cases, the party seeking the annulment must file a petition with the relevant Florida circuit court. An attorney can help individuals file a petition with any necessary evidence.
In Florida, the annulment process can begin only when there is a statutory ground, meaning that one of the reasons for the annulment is listed in Florida Statutes. The grounds for an annulment in Florida include the following:
- Bigamy—when one of the spouses was already legally married at the time of the current marriage.
- Consanguinity—when the spouses are parents and children, siblings, or cousins; or
- Mental incapacity—when one of the parties could not give knowledgeable consent to the marriage due to the influence of alcohol, drugs, or temporary or permanent mental incapacity.
A marriage that occurred under one of the above circumstances is void, and the marriage cannot be legalized.
In contrast, voidable marriages may be annulled in the following situations:
- Underage—when one or both parties are minors and did not receive their parents’ consent for the marriage;
- Duress—when either party was forced into the marriage;
- Fraud—when one of the spouses deceives the other into marrying them through fraud or concealment; or
- Impotency—one of the spouses was unaware that the other party had an existing physical problem before the marriage.
Grounds for a Florida Divorce
Florida follows the no-fault divorce framework. Under the no-fault system, spouses do not have to prove wrongdoing to get a divorce. However, divorce petitions must stem from one of the following legal grounds:
- The marriage is irretrievably broken, or
- One of the parties is mentally incapacitated.
The party seeking the divorce must prove the following:
- A valid marriage exists,
- One party has been a Florida resident during the six months immediately preceding the filing, and
- The marriage is irretrievably broken.
An attorney can work with clients to understand the potential impact of their divorce and ensure that they meet the state’s strict filing, notice, and evidentiary requirements.
Time Requirements for Divorce vs. Annulments in Florida
Florida law does not maintain a specific time frame for obtaining an annulment. However, initiating the process as soon as possible will increase the likelihood of a favorable outcome. The length of time a Florida divorce takes depends on the case’s unique facts and circumstances.
How Long Do Florida Annulments Take?
A Florida annulment can take about 30-45 days once both parties have notice of the law suit. If the person who wants the annulment is not sure where the other spouse is, the annulment can take up to six months to finalize. Also, the time it takes depends on the weight of evidence the party has and whether the other spouse is contesting the annulment. Sometimes a trial may be necessary to determine whether an annulment is appropriate.
How Long Do Florida Divorces Take?
The time it takes to obtain a Florida divorce order depends on the type of divorce the parties seek.
- Simplified divorce. A simplified divorce is available only under specific circumstances when there are no minor children, the wife is not pregnant, both spouses completed a financial affidavit, and both spouses attend the final divorce hearing. These divorces can take around 30-60 days.
- Uncontested divorce. An uncontested divorce is available when the parties agree on all issues, such as property division and debts, alimony, child support, visitation, and attorney fees. These divorces can take around 30-60 days from the time the parties sign a written agreement resolving all issues.
- Contested divorce. A contested divorce occurs when the parties cannot agree to the divorce terms. These divorces can take anywhere from six months to several years.
It is important to note that these numbers can vary, and Florida has a mandatory 20-day waiting period for all types of divorces.
Learn More About Annulment vs. Divorce in Florida
If you are considering an annulment or divorce in Florida, it is important that you meet with a highly-skilled attorney to ensure you make the choice that best fits your situation. At Beller Law, P.L., our highly experienced legal team have decades of experience helping men and women from all backgrounds navigate the divorce and annulment processes, ensuring that they are well-positioned to start their new lives. To learn more, schedule a no-obligation consultation with a trusted lawyer today. You can also connect with us through our secure online contact form.