March 27, 2023

Lemon Law

Learn ethics in law

What Is The Difference Between Divorce and Annulment?

You read on the news that actors file for an annulment after an evening of drinking in Vegas.

An annulment means that the marriage never officially took place, meaning the parties couldn’t enter into a marriage due to a legal impediment. A divorce usually means that the parties had been legally married, but the bonds of matrimony are broken according to an error or no-fault grounds.

Additionally, someone who’s legally married is qualified to obtain an inheritance in case their partner passes away before establishing a grounds for the divorce, and there’s no will saying differently. A Court can also induce a spouse to keep health insurance plan and life insurance coverage throughout the pendency of divorce actions.

A marriage is void if it’s entered into with a party who’s (1) married in the time of their union, (2) closely related to their partner, (3) suffers from a significant psychological illness, or (4 ) below the age of eighteen. These kinds of unions are believed contrary to the public policy of this Commonwealth and therefore are prohibited by legislation. Sometimes, someone could be criminally prosecuted for entering into a union that’s thought to be void when offenses like bigamy and incest are involved.

The vital differentiation between a void and voidable marriage is that a void marriage is not legitimate from the beginning of the relationship. A voidable marriage is going to be considered legal unless spouse attempts an annulment. The partner seeking an annulment of a voidable marriage has to do this before her or his partner, and cannot live as husband and wife after the impediment is removed.

There is a lack of available info on divorces vs information about annulling a marriage. Florida statutes contain a lot of precedents on grounds for divorce, on how it is necessary for courts to decide divorce details, and requirements for the divorce. Annulment is a different animal. There is little to no info in Florida laws that have legal guidance for annulment. Florida courts have helped by filling in the gray areas in regards to annulment with laws that define the details of getting an annulment vs. a divorce. Annulment is not an established law, and that makes it a difficult and complex issue, specifically when compared to a divorce.

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Basic Realities of Annulment

  • Annulments are usually a lot more complex than a divorce
  • Annulments in Florida cost more than a divorce
  • You are able to file for an Annulment, and still have the Judge say that it is declined
  • Annulment is tricky and an educated attorney is always important.

Religious Annulment

A lot of religions have a process that goes hand in hand with the laws of that religion.

  • Catholic : in a lot of cases, the Catholic Church needs one party to enter the Annulment process if they want to later remarry.
  • Jewish : a “Get” . Unlike an annulment, a Get does not state that the marriage didn’t happen. However, it is one way to recover from the divorce inside the Jewish religion.
  • Hindu : in certain conditions, like not consummating the marriage within the first 2 months, one party is able to annul the marriage.

Steven Winig, an experienced divorce lawyer in West Palm Beach Florida would be happy to help you with any annulment questions you may have.