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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33717
Experience:  Attorney with 15 years experience
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What is the difference between anulment and divorce? Can i

Customer Question

What is the difference between anulment and divorce? Can i fight the anulment?
Submitted: 9 months ago.
Category: Family Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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An annulment is a ruling by the judge that the marriage never officially was valid from the start. For example, if a brother and sister got married, that is a void marriage and a judge would annul it so that it never legally existed.

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A divorce is where the judge ends a valid marriage through a legal order terminating the marriage.

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Many people with religious beliefs that prohibit divorce try to get marriages annulled, but you have to meet very specific criteria to get an annulment. In FL, grounds for annulment include:

  • Lack of consent due to mental incapacity;
  • Lack of consent due to influence of alcohol or drugs;
  • One spouse was underage and lacked parental consent; and
  • One spouse used fraudulent acts or misrepresentations to obtain the consent of the other spouse
  • .Marriage between persons related by lineal consanguinity, sister, aunt, niece, brother, uncle, nephew; common law marriages (after 1967); bigamy

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And you could fight the annulment if there was not at least one of the above grounds present. That would then prevent an annulment and force the other person to file for a normal divorce if they wanted to end the marriage.

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thanks

Barrister