Seeking a divorce is the most common way to end a marriage, and is available in almost all situations. The second option is to seek an annulment. This is where the marriage is declared to legally never have happened. Unlike a divorce, it is only available in very specific situations.
If you are confident that you meet the qualifications for an annulment, it can make a lot of sense to pursue in place of a divorce. However, if you’re unsure, it is often best to just go with a traditional divorce. Let us walk you through which one applies in your case. The following are five of the main grounds used to qualify for an annulment in Florida.
Fraudulent Marriage
If you got married only because one (or both) of the parties needed the marriage to qualify for some benefit, the marriage may be considered fraudulent and therefore qualify for an annulment. For example, if a man marries a woman only because the woman needs a green card to stay in the country, it can be considered fraud. If the marriage ends shortly after attaining the green card, this may serve as evidence of the fraudulent marriage.
Failure to Consummate the Marriage
If a couple never consummated their marriage, it may qualify for an annulment. In most cases, an annulment, for this reason, will have to be sought relatively quickly after the marriage is contracted. An example of when this may happen is if the man was entirely impotent when entering the marriage, but never told his spouse. Once she found out, she could likely file for an annulment.
Marriage was Illegal
In the event that it is discovered that your marriage is illegal, an annulment is usually the right course of action. This could occur if, for example, you and your spouse are determined to be close blood relatives (siblings, first cousins, etc). Another example of this is if one of the parties was too young to get married, but they lied about their age at the time of the wedding. The most common example is when a party was previously married and never obtained a divorce prior to entering into a new marriage.
Married Under Duress
When one (or both) of the spouses was under duress at the time of the marriage, it may be able to be annulled. For example, the woman was pregnant and terrified about the consequences of having a child out of wedlock. While there are certainly times when this is a valid justification for an annulment, it can be difficult to argue in court.
Married While Incapacitated
When one or both of the spouses were legally incapacitated at the time of the wedding, an annulment usually makes sense. The most common example of this would be if the parties were legally drunk, or high on some type of drug so that they could not legally contract the wedding. This is another situation where the parties must seek an annulment relatively soon after the marriage begins in order to qualify.
We Can Evaluate Your Situation
If you think an annulment may be possible in your situation, we would be more than happy to go over all the facts surrounding your case and help make an educated decision. Contact Annette Sanchez Law to schedule a consultation today.
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