Articles Posted in Annulment

Divorce and Annulment courts in Florida apply the legal concept of equitable distribution when it comes time to divide the assets of a divorcing couple. This means that the entire marital estate, assets and debts, must be divided in an equitable, though not necessarily equal, manner. There is no fixed standard for dividing property, each case will be decided on the merits, and the trial court’s discretion will not likely be disturbed on appeal without a showing of clear abuse.

Property includes anything of value, tangible or not: personal items (such as cars, furniture and art work) and real property (land and houses). Debts include anything you owe money on: mortgages, car loans, and credit card bills. Really anything the two of you possess is thrown into the mix before it’s all divided.

It’s important to know that not all property is subject to equitable division. Items that qualify as non-marital may include the following: property acquired by either party before the marriage; property acquired after certain stages of the divorce process; property excluded by a written contract between the parties (likely a prenuptial agreement); and any increase in value of non-marital property that did not result from efforts of the other spouse.

Florida marriages can be formally terminated either by divorce or by an annulment. An annulment is sometimes preferred because it is accompanied by a church annulment procedure. A decree annulling a marriage is grounded on the fact that a valid marriage never existed, either because the marriage was void, or voidable.

As a Jacksonville Beach Family Law Attorney, I am often asked whether an annulment will be granted if a marriage was induced by fraud. Because Florida does not have an official statutory annulment provision, this question is difficult to answer. Courts will have to look at the totality of the circumstances and evaluate each situation on a case-by-case basis. There is no certainty that a Judge in the Jacksonville area will grant an annulment in lieu of a divorce.

However, some examples of situations when Florida Courts have granted an annulment include: (1) when it is in the best interest of an underage child; (2) when it can be proved that one of the parties lacked the capacity to contract; or (3) when the parties lack the physical capacity to consummate the marriage.

Annulment.jpgFlorida marriages can be formally terminated either by divorce or by an annulment. Most everybody knows the basics of divorce, but few people are knowledgeable on the basics of annulments.

Annulments in Florida are not governed by statute or rule. Instead, it is a common law action in equity to terminate a void or voidable marriage. A marriage may be annulled for any cause that has prevented the parties from contracting a valid marriage.

As a Jacksonville Family Law Attorney, I am often asked whether an annulment will be granted if a marriage was induced by fraud. Because Florida does not have an official statutory annulment provision, this question is difficult to answer. Courts will have to look at the totality of the circumstances and evaluate each situation on a case-by-case basis.

kim k.jpgYou may remember the four-hour wedding special and countless front-page tabloid appearances. But alas, true love does not always last: Kim Kardashian filed for divorce from Kris Humphries as of today, October 31. Citing “irreconcilable differences,” apparently the couples’ TV show and focus under the spotlight was just too much to handle.

Details are scarce, but the couple apparently had a prenuptial agreement. Prenuptial agreements allow couples to make agreements prior to their marriage regarding any number of things, though they are often used to protect one of the parties who may have substantially more assets than the other and does not want those assets to be divided in the event of a divorce.

Her attorneys likely advised Ms. Kardashian on her best options, but in states like Florida, a marriage for such a short period of time could be drawn to a close through an annulment. Annulments are available primarily when the marriage was never valid in the first place; however, such instances can be difficult to prove.

no lies.jpgLiving and practicing as a Florida divorce attorney and Jacksonville family lawyer in Jacksonville, Florida, I have noticed an up surge in people lying to their future spouse during courtship. Many times, the couple gets married based on these lies. It is not until after the wedding that the lies surface leaving a spouse hurt and confused. The court has come to call these lies “fraud”. If the hurt party can show that he or she relied on these lies that he or she was told to enter into the marriage, a Florida Family Law court may rule that but/for the “fraud”, the hurt spouse would not have entered into the marriage. If you think you were told lies by your spouse before your marriage and you relied on those lies in making your decision to marry your spouse, you could be eligible for an annulment in Florida. Please contact a Jacksonville Divorce Lawyer to arrange your free consultation.

Annulment.pngFlorida marriages can be formally terminated either by divorce or by an annulment. An annulment is sometimes preferred because it is accompanied by a church annulment procedure. A decree annulling a marriage is grounded on the fact that a valid marriage never existed, either because the marriage was void, or voidable.

As a Jacksonville Family Law Attorney, I am often asked whether an annulment will be granted if a marriage was induced by fraud. Because Florida does not have an official statutory annulment provision, this question is difficult to answer. Courts will have to look at the totality of the circumstances and evaluate each situation on a case-by-case basis.

Some examples of situations when Florida Courts have granted an annulment include: (1) when it is in the best interest of an underage child; (2) when it can be proved that one of the parties lacked the capacity to contract; or (3) when the parties lack the physical capacity to consummate the marriage.

graveyard.jpgSometimes as a family law attorney in Jacksonville, Florida, I get people who inquire about obtaining an annulment in Florida.

What exactly is an annulment? It is a way to formally terminate a marriage.

Marriages can be terminated by either a divorce in Florida or an annulment in Florida. Annulments are mostly sought for religious reasons and are accompanied by an annulment procedure from a church. An annulment is based on the argument that the marriage never legally existed in the first place. There are many reasons why a marriage may be deemed legally void or voidable. Please contact a divorce lawyer in Jacksonville, Florida if you are considering a Florida annulment or a Florida divorce.

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