At some point in time, all marriages will end. It may be that the one spouse passes away or it might be that the marriage is terminated. In Florida, marriages are ended in one of three different methods: annulment, divorce or the death of a spouse. End though annulment and divorce will both cause the marriage to end, the similarities stop there. Florida law mandates what an annulment and divorce is, as well as who can receive one and when the request will be granted.
Marriage is a civil contract that the law allows. Back in 2009, the Florida Statutes Title XLIII Chapter 741 provides specific provisions for those who want to get a divorce or annulment within the state. These specific laws extend beyond any religious concerns and are granted by means of law only. Couples that are looking for a religious annulment or divorce based upon what their religion allows will need to look elsewhere. A legal annulment or divorce is different than a religious one. Divorce lawyers Jacksonville can help explain the differences in the proceedings and make sure you are getting the proper information to handle your case.
What is an annulment?
An annulment will happen either at the moment in which the marriage occurs or after a party petitions the court. In a divorce proceeding, a spouse will have to file paperwork inside of the court for their request to be granted. Based on Florida Statute 721.21, you are not allowed to engage in an incestuous marriage. Due to this statute, any marriage that was entered into on these terms are void and annulled immediately.
If the couple were to get married when the woman has not yet reached 18 years of age and they didn’t get the consent of the parents, it can be voided. The couple can file a petition with the court for an annulment, but that doesn’t mean it is going to automatically be annulled under the terms of the law. Divorce lawyers in Jacksonville, Gainesville, Daytona, Fleming Island and Boca Raton understand the confusion that abounds in determining whether an annulment or divorce is appropriate, which is why they are there to help explain things to you.
Similar, yet Different
Annulments and divorces both terminate the marriage and free the couple to marry someone else. Annulments erase the marriage in the eyes of the law making it as if the event never happened in the first place. Divorces don’t.
Divorces and annulments are only granted in specific situations, but the grounds for both vary significantly. A Florida couple can pursue a divorce if the marriage is broken irretrievably. The no-fault grounds don’t require the other individual to show that the other did something that caused the marriage to breakdown. The only requirement is that the declaring party has resided within the state for at least six months before filing paperwork. When it comes to an annulment, Florida law allows this when one party lacked the capacity to legally enter into the contract, whether that is from age, fraud, mental incapacity or other impediments.
Annulments and divorces might involve visitation and child support orders. When a child is part of the union, or when a child is involved in the matter and the court was asked to enter a ruling, the Florida court can issue an order based upon what they feel is in the best interest of the child. When it comes to this ruling, it might award custody to one of the parties or both of them jointly based on what the desire of the parents is. Parties that have children who are going through a divorce will need to attend a class. Child support will be determined by calculating the income of both parties, as well as if there are other children involved, which is where divorce lawyers in Jacksonville, Gainesville, Daytona, Fleming Island and Boca Raton can come in and help.
Since Florida is not a community property state, the property will be divided equally. The judge will take into account the financial plans and jobs of the spouses in the case. Any property that was gained before the marriage, or given to one of the parties as a gift or an inheritance and not mingled with all of the marital assets, will remain with that individual spouse.
If one of the parties is granted an injunction for protection, that party is able to appeal for emergency relief, which means they get the primary residence, child support and primary custody of any minor children before the proceedings are final. Once the injunction is granted, they will not expire. The person who filed it is the one who has to lift it.
To find out more information about your rights, our law firm at Kenny Leigh & Associates can serve you. We handle men only and family law only. Contact us today at one of our five offices in Jacksonville, Gainesville, Daytona, Fleming Island or Boca Raton. We serve all of Northeast Florida and South Florida.