Weighing Annulment vs. Divorce

When couples contemplate ending a marriage, rarely does the thought of asking for annulment, instead of divorce, occur to them. While most people have some vague idea of what annulment means, many associate it with a religious procedure intended to erase the marriage. Religious-based annulments certainly exist, but are wholly separate from the civil process that goes under the same name. The key difference between divorce and annulment is that an annulled marriage is treated as if it never existed, and a divorce simply dissolves a legally-valid union. People do opt for a civil annulment for religious reasons, but also seek this alternative to divorce to avoid extending certain benefits that former spouses are entitled to in divorce, such as property distribution. Compared to divorce, annulment is a complicated and more costly procedure that brings no guarantee a court will grant it. That being said, it may be the right choice in certain situations, and understanding how the law and courts treat these kinds of requests will allow individuals considering whether to end their relationship to make an informed decision.

Grounds for Annulment

One important point to understand about annulment is that, unlike divorce, there are no statutes addressing this subject. Thus, all the law on this issue is based on past court decisions, which means judges have wide discretion in deciding annulment cases, and the outcomes are very uncertain. However, looking at past judicial trends, certain claims for annulment are more likely to be accepted than others, including:

• The marriage was a sham or fraudulent. This occurs if one party agrees to marry to gain a certain benefit, such as immigration status, public benefits, health insurance or greed. To claim a marriage is fraudulent requires one spouse to be innocent of the other party’s motives, and usually requires the marriage to fail shortly after its creation.
• There was no consummation. If consummation of the marriage did not occur, courts have accepted this reason to justify annulment, but it must be sought relatively early to have any chance of succeeding. Waiting years to annul a marriage is likely to preclude this option.
• The marriage was illegal from the start. Illegality of a marriage can be based on age, one party being already married, or the incapacity of a spouse at the time of the marriage. In this situation, courts are likely to grant an annulment because the marriage was never valid. The more compelling the evidence, the easier it is to convince a judge the marriage should never have taken place.

Spousal Rights

Marriage confers specific rights on both spouses that make a significant difference in divorce. The rights of a party in a divorce are spelled out in Florida statutory law, but annulment, as mentioned above, has no set laws governing its application. From a practical standpoint, courts can and will divide property in an annulment proceeding since there is likely to be some commingling of property, but the court is not required to use a particular standard to decide which party gets what. Consequently, if possible, it is best for the parties to form an agreement on property division privately so there is more control over the outcome. In addition, Florida law automatically dissolves certain trusts, insurance beneficiary designations, and provisions in wills as an aftereffect of divorce. Annulment typically brings the same type of effect, but an experienced family law attorney should be consulted to ensure the financial aspects of the annulment are handled properly.

Talk to a Florida Family Law Attorney

Making the decision to end your marriage is never easy, but working with a family law/divorce attorney can make the process more manageable. The Tampa Bay law firm All Family Law Group, P.A. understands how overwhelming this transition can be, and will work to keep you informed about the legal process and options.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Amicable Divorce is Possible

Divorce is never easy, though some people seem to breeze through it more unscathed than others. There are a lot of emotions packed into the relationship and these tend to seep out during the divorce process. The result can be a messy, difficult, or even tumultuous time period that may be difficult to get through. The best option, of course, is to try to resolve the divorce as amicably as possible. This is especially important for couples who have children because they need to transition to a new type of parenting situation. There are some tips for getting through a divorce with as few problems as possible.


Resolve the Big Issues First

It may be easier and less stressful to try to tackle the biggest or most difficult issues first. Both parties may be able to maintain a cordial relationship, especially at the beginning. Once things become more involved and emotions begin to run high, the couple may have more trouble trying to sort through even the most basic decisions. The more settlement terms you can agree with together the better, because this is the basis for a more harmonious situation.


Conscious Uncoupling

One of the most popular catch-phrases of divorce in the last couple of years is conscious uncoupling, and there is certainly more to this than just a name. This movement is a method of working on divorce as a growing experience and not as a blame-game. The root of this method is to look inside yourself for reasons and answers as to the situation and to use the divorce as a reason to improve yourself. While most couples will not go as far as to try the specific method of conscious uncoupling, they can try to look at the divorce as a stepping stone or transition to a new or better place.


Seek Help for the Rough Spots

It is important to realize when a rough spot is coming as soon as possible. If you know, for example, that there will be a disagreement over the house, make sure that you let your attorney know immediately. An experienced divorce lawyer will address the difficult situation in the best possible way while protecting your rights and respecting your position. The key to an amicable divorce is not to allow disagreements to get too far. If they do they will inevitably cause a breakdown in communications and the entire process will suffer as a result.


Guidance from Your Divorce Attorney

Divorce is a legal process and can be rather complex. It is essential to make sure that the decisions you make today are the best for you and your family both now and in the future. Your lawyer is your first and best choice for guiding you through the divorce process. Meet with your attorney as soon as possible and let your lawyer know what issues are most important to you. You should also indicate which areas could be contentious so that they can be addressed preemptively. If you have decided to divorce, contact the Tampa divorce attorneys and family law lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+