What is an annulment?

An annulment is a type of court action in Florida that legally terminates a marriage, and in doing so, treats the marriage as if had never taken place. This is different from a divorce, which legally ends a valid marriage. In Florida, to file for an annulment, either the husband or the wife must prove to the court that their marriage has a legal defect. This means that there must be evidence of a physical or mental incapacity, fraud, or misunderstanding in the marriage. If any of these conditions exist, then the court may grant an annulment. When the annulment is granted, the court recognizes that the marriage is not legally valid. This also means that the husbands and wife are not legally responsible for the debts, nor do they have any rights to property acquired during the marriage. The effects of the annulment can also be seen on the children’s rights as the father is not legally considered the biological father when the marriage is voided. In Florida, annulment can be complicated and it is important for couples to seek legal advice before filing for one. Because each marriage is unique, the court looks at the specific facts in every case to decide if an annulment is the best choice for the couple.

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