St. Petersburg Annulment Lawyer
Annulment makes a marriage void. If you apply for a marriage annulment, the court will regard it as if it never existed at all. In Florida, the ground of annulment can be notably restricted. You must be under any of the following Florida annulment conditions first before being able to nullify your marriage with your spouse:
- Mental impairment or incapacitation of either spouse at the time of marriage
- Mock marriage
- Parental consent was not provided to which it is required.
- Use of fraud and making misrepresentations to acquire consent for marriage
- Marriage of either spouse with another during the marriage
- Impotence or inability of either spouse to consummate the marriage
- Blood relation of both parties
Some couples fail to get an annulment due to these limited conditions. This makes annulment infrequent than divorce in Florida. Although, if you are really under the circumstances mentioned above, then you will only need legal help from an annulment attorney in Florida, and he can help you process the requirements and encourage the court to provide an affirmative response for the petition.
Call St. Petersburg Family Law at (727) 228-6200 to consult with a law expert.
How to Get an Annulment in St. Petersburg, Florida
The main goal is to obtain a court order that officially allows the voidable marriage to be annulled. Florida circuit courts have equitable powers to hear annulment cases; that is why annulment papers must be filed and submitted to them.
The family law rules of procedure in Florida govern the annulment proceedings, so you need to get familiar with them. You can do so with the assistance of an annulment lawyer. It is essentially required that you prove in court the voidability of your marriage.
In some cases, the two parties have different perspectives and statements in the petition. The defendant might have given an opposing statement to what you’ve provided, causing a dispute. In this scenario, he has the right to file and serve a counterclaim for the marriage dismissal. Should the counterclaim of the defendant prevail, the court will grant a divorce rather than an annulment. Their decision is final and irrevocable. Again, it’s a case to case basis.
It is ultimately difficult to get an annulment, especially if you will not be able to provide concrete evidence that proves the marriage is voidable. Florida deems every marriage legal and legitimate, so there is sheer responsibility to layout a strong proof in favor of the annulment.
It may be quite challenging to have an annulment granted by the court. Still, with the assistance of an annulment lawyer, both financial and custodial concerns will be addressed and handled with provisions.
Consequences of an Annulment
In Florida, paternity of the children of a married couple filing for annulment will not be called into question. The law clearly states that all marriages are valid, even the voidable ones unless otherwise annulled.
Simply put, the legitimacy of the children remains in an annulment, unlike in divorce. However, children under a void marriage are considered illegitimate in Florida law because it is never valid.
The circuit court handling the annulment case has the power to decide about child custody, child support, parenting plan and terms, spousal support, financial and property distribution, etc. In Florida, the circuit court is permitted to grant support pendente lite or temporary alimony for annulment cases. The law also encourages the judge to require the well-off spouse to help the other partner pay for lawyer expenses.
Former spouses can no longer assert property rights once the annulment has been granted. Neither has a claim on the other’s inheritance, retirement, insurance, and other benefits. As opposed to divorce, the property and finances of a former couple will not be divided for each spouse in annulment.
The court will provide minimal help in the restoration of each party’s financial status as a single person; the former couple will also have to divide their property on their own. Moreover, permanent alimony is not easily conferred to annulment cases. Nonetheless, if a spouse is proven an innocent victim of the other spouse’s abuse or misconduct, the afflicted spouse will be given permanent alimony with paid attorney fees in the name of fairness and impartiality.
Get Legal Help From St. Petersburg Family Law
St. Petersburg Family Law has a pool of passionate annulment lawyers who are committed to accomplishing your goal. Getting legal help from our attorneys will help you adapt to Florida’s annulment regulations, rules, and requirements.
We will help you utilize your rights under Florida law so that you can nullify your marriage with ease. The annulment process might be confusing for you, but we will defend you from anything that’s keeping you from getting what you’re entitled to.
Call St. Petersburg Family Law at (727) 228-6200 for inquiries or book a free consultation right away!