What is the difference between an annulment and a divorce?

If you try to open a Florida statute volume, you will not find a provision for annulments. However, you can still obtain one. Judges over time have created different causes of action via case law. Florida Courts have recognized reasons why a couple can get an annulment. They are: one participant is less than 18 years of age at the time of the marriage, if one is incapable of having sexual relations, related too closely (brother, sister, aunt, uncle), or mental impairment.  The downside to filing an annulment is that you can spend the money to hire an attorney but the judge can still say no. Annulments are unlike a divorce proceeding. When you file for divorce, you may not know the specific details when you begin, but you are for sure certain that you will be single! A judge, even if your spouse doesn’t want a divorce, will grant it.

Annulments tend to be an exit route for celebrities who failed to get a pre-nup before getting hitched, i.e., Britney Spears’ 55 hour marriage. There are certain benefits. Annulments have previously been a route to avoid the declaration that one was “divorced”  There is  no stigma associated with divorce in our day and age. The advantage to obtaining an annulment however, can be huge if granted. For instance if one spouse has extensive assets and income, an annulment would necessarily disallow alimony claims. You have to have been married in Florida to claim alimony.

If you are considering an exit from your marriage, contact our firm for options.