Broward County Annulment Attorney
Experienced Annulment Lawyers Helping Clients in Broward County & Beyond
Annulments are often misunderstood. Many people believe that an annulment is a religious process that can only be obtained if the marriage was not consummated. In reality, annulments are a legal process that can be obtained for a variety of reasons. If you are considering an annulment, it is important to consult with an experienced Broward County annulment attorney to learn more about your options.
At Lindsay A. Feldman, P.A., we have extensive experience handling annulments and other family law matters. We understand the complexities of these cases and can help you navigate the process from start to finish. Our Broward County annulment lawyer is committed to providing each and every client with the compassionate, personalized legal representation they deserve.
What Is an Annulment?
An annulment is a legal process that declares a marriage null and void. In other words, an annulment is a legal declaration that the marriage was never valid. Unlike a divorce, which is the legal process of ending a valid marriage, an annulment is a legal process of declaring that a marriage was never valid in the first place.
There are two types of annulments:
- Religious annulments
- Civil annulments
Religious annulments are granted by a religious institution and have no legal effect. Civil annulments, on the other hand, are granted by a court and have the same effect as a divorce. In other words, a civil annulment ends the marriage and restores the parties to their pre-marriage status.
It is important to note that, in Florida, there is no such thing as a “common law” marriage. In other words, if you and your partner have been living together for many years, you are not considered married under Florida law. As such, you cannot obtain an annulment. However, you may still need to go through the legal process of ending your relationship if you have children together or have acquired property together.
Legal Grounds for Annulment in Florida
Not all marriages can be annulled. In order to obtain an annulment, you must have legal grounds for doing so. In Florida, there are several legal grounds for annulment.
These include when one or both parties:
- were already married at the time of the marriage
- were underage at the time of the marriage and did not have parental consent
- were forced or coerced into the marriage
- were mentally incapacitated at the time of the marriage
- were under the influence of drugs or alcohol at the time of the marriage
- were unable to consummate the marriage
- were not of sound mind at the time of the marriage
- entered into the marriage under fraudulent circumstances
It is important to note that, in Florida, there is no time limit for obtaining an annulment. In other words, you can obtain an annulment at any time after the marriage. However, the longer you wait, the more difficult it may be to obtain an annulment. This is because, if you wait too long, the court may assume that the marriage was valid and that you are simply trying to get out of it.
How to File for an Annulment
If you are considering an annulment, you should consult with an experienced family law attorney as soon as possible. Your attorney can help you understand your options and guide you through the process. At Lindsay A. Feldman, P.A., we can help you file the necessary paperwork and represent you in court.
The annulment process typically involves the following steps:
- File a petition: To begin the annulment process, you must file a petition with the court. The petition should include your name, your spouse’s name, the date of the marriage, and the reason for the annulment. You must also pay a filing fee.
- Serve your spouse: After you file the petition, you must serve your spouse with a copy of the petition. This can be done by a process server or by certified mail. Your spouse will then have a certain amount of time to respond to the petition.
- Attend a hearing: If your spouse does not respond to the petition, the court may grant the annulment without a hearing. However, if your spouse does respond, the court will schedule a hearing. At the hearing, you and your spouse will have the opportunity to present evidence and arguments to support your case.
- Obtain a judgment: After the hearing, the court will issue a judgment. If the court grants the annulment, the marriage will be declared null and void. If the court denies the annulment, the marriage will be considered valid and you will need to go through the divorce process to end it.
How Long Does an Annulment Take?
The length of time it takes to obtain an annulment can vary depending on a variety of factors. For example, if your spouse contests the annulment, the case may take longer. Additionally, if you and your spouse have children together, the court may require you to go through the process of establishing paternity and creating a parenting plan. This can also increase the length of time it takes to obtain an annulment.
In general, an annulment can take anywhere from a few weeks to several months to complete.
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