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What is the Difference Between an Annulment and a Divorce in Orlando, Florida?

Annul means to declare invalid. It means to declare invalid an official agreement, decision or result; it means to declare to have no legal existence.

An Orlando divorce is the ending and break up of a valid marriage.

A divorce is easily obtainable in the Orlando, Florida area because Florida is a no fault state. You must allege the marriage is irretrievably broken. You may request a cooling off period and counseling, yet if you attend one or more counseling sessions, the judge will probably allow the case to proceed. An annulment is very rear in Florida. It is not easy to obtain an annulment. There must be a certain set of facts and circumstances in order for you to obtain an annulment in the Orlando, Florida area.

A legal annulment is very difficult to obtain. You may obtain an annulment if you can prove the following in your case:

1. You must prove fraud; and you must also show the marriage was not consummated.
2. Or, you must show that the marriage was a void marriage not just a voidable marriage. There, you could prove that as follows:
• That the party you are married to was married to someone else when you married them. That is referred to as bigamy. Bigamy is illegal in Florida.

A legal annulment is completely different from a religious annulment. You would need to contact your religious institution to determine the requirements for a religious annulment. This article deals strictly with obtaining an annulment in the court system in lieu of a divorce.

To obtain an annulment you would have to file a Petition to Annul the Marriage. In the petition you would allege the facts as to why the marriage is void.

If you have more questions regarding an annulment versus an Orlando divorce in the Orlando, Florida area, you may call Ann Marie Giordano Gilden, Esquire of Ann Marie Giordano Gilden, P.A. for an initial consultation.

This article is for informational purposes only and does not form an attorney client privilege.