Most of the time, the decision will be a divorce. If a marriage is validated by consummation, the only it can be terminated is by a final judgment of divorce. But, if the marriage was never consummated or is in some other way judged invalid, it can be terminated by an annulment.
In a Florida 1964 case of Burger versus Burger, 166 So. 2d 433, the finding was that a valid marriage never existed. Had a valid marriage been proven, a dissolution of marriage would have been required so that the parties can be single again as in the 1932 Florida case of Kuehmstedt versus Turnwall, 103 Fla. 1180, 138 So. 775. Florida also considers a legal annulment to also be based on the lack of one spouse to have the mental capacity or ability to consent to marriage, an incestuous marriage or bigamy by one of the spouses such as is described in Florida Statutes § 741.21.
There are certain religious criteria that is traditional for annulment including failure to produce children, failure to consummate the marriage, or broken promises, do not suffice. Unless you meet the legal criteria outlined in Florida laws, you cannot get an annulment and out of these above options, the most common is bigamy. For example, if you married your spouse before his divorce was completed and if you are in this position, you need to show a copy of the final divorce papers, for the prior marriage that dates prior to the date of the subsequent marriage. A "lack of consent" is the second most common complaint in Florida where a rich, older spouse suddenly marries a person much younger.
Collateral is usually the challenge and is brought to court by a third party, most commonly, a legal guardian or or child of the older spouse. In over six years, there were only six to eight cases having to do with annulment and only two were granted. The rest of the cases were dismissed and the petitioners were told to re-file for a divorce. If you believe you have a qualifying event for annulment, the court requires you to prove, with evidence and if the court finds the evidence factual, the marriage will be considered "void" and an annulment granted.
In the 1932 Florida of Kuehmstedt v. Turnwall, 103 Fla. 1180, 138 So. 775 and Beidler v. Beidler, 43 So. 2d 329 (Fla. 1949), this means that no property rights or alimony will be awarded and both child support and custody may also be at issue. They will have to proceed as though the parties never married, although there is a law in Florida that provides the caveat, which says that any child consequently made illegitimate as a result of their parents' annulment, will not be considered illegitimate. An example can be found in Ruff's Estate, 32 So.2d 840 (Fla. 1947).
Most petitions for annulment never qualify and because of this, you should seek legal counsel from a professional in your state to ensure that your case meets all legal criteria. Assuming it will not, you will need to then proceed to a dissolution of marriage.
In a Florida 1964 case of Burger versus Burger, 166 So. 2d 433, the finding was that a valid marriage never existed. Had a valid marriage been proven, a dissolution of marriage would have been required so that the parties can be single again as in the 1932 Florida case of Kuehmstedt versus Turnwall, 103 Fla. 1180, 138 So. 775. Florida also considers a legal annulment to also be based on the lack of one spouse to have the mental capacity or ability to consent to marriage, an incestuous marriage or bigamy by one of the spouses such as is described in Florida Statutes § 741.21.
There are certain religious criteria that is traditional for annulment including failure to produce children, failure to consummate the marriage, or broken promises, do not suffice. Unless you meet the legal criteria outlined in Florida laws, you cannot get an annulment and out of these above options, the most common is bigamy. For example, if you married your spouse before his divorce was completed and if you are in this position, you need to show a copy of the final divorce papers, for the prior marriage that dates prior to the date of the subsequent marriage. A "lack of consent" is the second most common complaint in Florida where a rich, older spouse suddenly marries a person much younger.
Collateral is usually the challenge and is brought to court by a third party, most commonly, a legal guardian or or child of the older spouse. In over six years, there were only six to eight cases having to do with annulment and only two were granted. The rest of the cases were dismissed and the petitioners were told to re-file for a divorce. If you believe you have a qualifying event for annulment, the court requires you to prove, with evidence and if the court finds the evidence factual, the marriage will be considered "void" and an annulment granted.
In the 1932 Florida of Kuehmstedt v. Turnwall, 103 Fla. 1180, 138 So. 775 and Beidler v. Beidler, 43 So. 2d 329 (Fla. 1949), this means that no property rights or alimony will be awarded and both child support and custody may also be at issue. They will have to proceed as though the parties never married, although there is a law in Florida that provides the caveat, which says that any child consequently made illegitimate as a result of their parents' annulment, will not be considered illegitimate. An example can be found in Ruff's Estate, 32 So.2d 840 (Fla. 1947).
Most petitions for annulment never qualify and because of this, you should seek legal counsel from a professional in your state to ensure that your case meets all legal criteria. Assuming it will not, you will need to then proceed to a dissolution of marriage.