Am I considered legally divorced in Florida if my marriage was annulled?
No, because annulment and divorce are two different things. This means that you are not divorced, but are considered single and eligible to remarry in the state of Florida.
Both annulment and divorce are legal ways to end a marriage. These two, however, have a significant difference. An annulment is a legal procedure canceling a marriage. Annulling a marriage is as though it is completely erased – legally, it declares that the marriage never technically existed and was never valid.
A divorce, or legal dissolution of a marriage, on the other hand, is the ending of a valid marriage between a man and a woman returning both parties to single status with the ability to remarry. While each individual state has its own laws regarding grounds for marriage annulment or divorce, a few certain requirements apply nationwide.
An annulment, to be initiated, grounds for the annulment must be proven, after which the marriage will be considered null and void by the court. An annulment case can be initiated by either the husband or the wife in the marriage. The following is a list of common grounds for annulment.
- Bigamy – either party was already married to another person at the time of the marriage
- Forced Consent – one of the spouses was forced or threatened into marriage and only entered into it under duress
- Fraud – one of the spouses agreed to the marriage based on the lies or misrepresentation of the other
- Marriage Prohibited By Law – marriage between parties that based on their familial relationship is considered incestuous
- Mental Illness – either spouse was mentally ill or emotionally disturbed at the time of the marriage
- Mental Incapacity – either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed consent
- Inability to Consummate Marriage – either spouse was physically incapable of having sexual relations or impotent during the marriage
- Underage Marriage – either spouse was too young to enter into marriage without parental consent or court approval
For divorce assistance, contact the Divorce Attorney Tampa for your Free Consultation at (813) 336-3616.
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