How easy is it to get a marriage annulment
In Florida, the process of getting a marriage annulment is relatively straightforward, but it can be somewhat complex. An annulment is a legal procedure that declares a marriage null and void as if it never existed. This means that the parties are no longer legally married and cannot claim any rights or benefits associated with marriage.
In order to be eligible for an annulment in Florida, one of the following conditions must be met:
- One of the parties was under the age of 18 at the time of the marriage
- One of the parties was already married to someone else at the time of the marriage
- The marriage was the result of fraud, duress, or misrepresentation
One of the parties is unable to consummate the marriage due to physical incapacity
- The marriage is void due to incest or bigamy
In order to file for an annulment, one of the parties must be a resident of Florida for at least six months prior to filing. If both parties are residents of Florida, the annulment can be filed in the county where either party resides. If only one party is a resident of Florida, the annulment can be filed in the county where the non-resident party lives or where the marriage took place.
The first step in the annulment process is to file a petition with the circuit court. The petition must include the name of the parties, the date and place of the marriage, and the grounds for the annulment. The petition must be served on the other party, who has 20 days to respond. If the other party does not respond, the court can enter a default judgment and grant the annulment.
If the other party does respond, a hearing will be held to determine if the annulment should be granted. Both parties have the right to present evidence and call witnesses. The court will then decide if the annulment should be granted. If the court grants the annulment, it will issue a final judgment, which will be recorded with the county clerk.
In Florida, annulments are relatively quick and inexpensive compared to divorce. Most of the time, it only takes a couple of months to get the final judgment.
It is important to note that an annulment does not affect children born during the annulled marriage. In addition, an annulment does not affect property rights unless the parties have entered into a prenuptial agreement.
Also, the annulment does not affect the rights to alimony or child support, and the court can still order alimony or child support if it is appropriate.
In conclusion, getting a marriage annulment in Florida can be relatively easy if one of the conditions for annulment is met. The process is straightforward and relatively quick, but it can be somewhat complex. It is essential to consult with an attorney to understand the process and to make sure that all of the necessary steps are taken to obtain an annulment. Additionally, it is important to be aware that an annulment does not affect certain rights and obligations, such as property rights and child support.