COVID-19 UPDATE: We are open! Our team is working and offering consultations via phone, e-mail, and video conferencing.
Divorce vs. Annulment

Divorce vs. Annulment

If you want to end your marriage in Florida, you have several options. Divorce, annulment, and legal separation are all viable methods to begin the process of ending your marriage. Get the facts on these methods so you know which one is right for your unique situation.

Florida Divorce

In Florida, a divorce is considered a “dissolution of marriage.” In order to qualify for a dissolution of marriage, either spouse must have lived in the state of Florida for six months prior to filing.

Additionally, the following requirements must be met to complete the process:

  • The petitioning spouse must file a Petition for Dissolution of Marriage with the circuit court in the county where they live.

  • The respondent spouse must be notified of the Petition for Dissolution of Marriage.

  • If the respondent spouse files an Answer that disagrees with anything in the Petition for Dissolution of Marriage, the petitioning spouse must file a Notice for Trial and both spouses will proceed with a contested dissolution of marriage.

  • The final judgment of the dissolution of marriage may not be entered until at least 20 days after the date the Petition for Dissolution of Marriage was filed, in most cases.

Divorces in Florida may be contested or uncontested. If the respondent spouse disagrees with anything in the petitioning spouse’s Petition for Dissolution of Marriage, the divorce is considered contested and typically requires the expertise of a qualified family law attorney who can ensure each party receives their fair share.

Once a divorce is finalized, each party may remarry or enter into a domestic partnership with another person.

Florida Annulment

While a divorce ends a legal marriage, an annulment treats the marriage like it never existed. An annulment declares a marriage null and void and once it’s finalized, each party is free to remarry or enter into a domestic partnership with another person.

In order to obtain an annulment, the following requirements must be met:

  • The marriage was incestuous.

  • The marriage was bigamous.

  • The marriage was the result of force or fraud.

  • The marriage took place when one or both of the spouses were younger than the legal age to marry.

  • The marriage took place when one or both of the spouses were already in a legal marriage.

  • The marriage took place when one or both of the spouses were under the influence of drugs or alcohol.

Seeking a Divorce in Florida? We’re Here to Help

If you’d like to end your marriage, our Jacksonville family law attorneys can help you sort through your options and implement a plan that works for your unique situation. At Owenby Law, you will always be treated as more than just a case number. Our attorneys will work hard to deliver you the best possible outcome.

Contact us today at (904) 770-3141 to learn how we can assist you.

Categories:

Get an Immediate Response

We Are Standing By & Ready to Help With Your Case
    • Please enter your name.
    • This isn't a valid phone number.
    • Please enter your email address.
      This isn't a valid email address.
    • Please make a selection.
    • Please enter a message.