Jacksonville Annulments Attorney
Annulments Lawyer Proudly Serving Jacksonville and All of Florida
An annulment in Florida establishes that a marriage never existed, as opposed to a divorce, where a marital union is dissolved. Obtaining an annulment is more costly and complex than a divorce. Florida doesn’t have an official annulment status, but is designated and defined through appellate court decisions. These decisions establish precedents that then direct Florida courts in the annulment process. For this reason, it’s essential that a skilled and well-informed attorney guide you though this course of action. Get in touch with a Jacksonville annulments attorney at Sam Jubran’s office who possesses this indispensable experience and know how to favorably obtain an annulment.
Why People Look to Annulment
There are a myriad of reasons that a couple may seek an annulment instead of a traditional divorce:
- To avoid property rights and division assessed in a divorce
- Keeping insurance or retirement benefits safe from an ex-spouse’s claim
- Parents seeking to protect the interests of a married, under-age child
- Religious reasons – Some religions forbid divorce, such as Catholicism and Hinduism
- The marriage occurred to assist another person’s immigration status
Types of Annulments
There are two types of marriages recognized by the Florida family court system, when it comes to granting an annulment- void and voidable marriage.
A void marriage is one that is invalid from the very moment the marriage was commenced. These unions are so defective that the law makes them unequivocally invalid. A void marriage may be challenged at any time during the life of the marriage and not just by one of the spouses. It can be questioned by a family member, close friend, really anyone. For example, an incestuous marriage is a void marriage.
A voidable marriage is one that was valid at its onset, but was later determined to be questionable. For instance, one or both spouses were deemed mentally unable to make logical decisions at the time of the marriage.
Determining where your marriage falls in these descriptions can be complicated and the direction of a family law attorney is important. The Law Office of A. Sam Jubran, P.A. represent many clients who’ve sought and attained an annulment. We have an expansive breadth of understanding of this process.
The Process of Achieving an Annulment
Our office will draft, file, and serve an official petition in the Florida circuit court seeking an annulment. In said documentation, we will designate whether or not it is a void or voidable marriage, and provide evidence for this determination.
If the opposing party disagrees with this petition, they can file a counterclaim for a divorce. You will be served this claim for dissolution of marriage. If their position were favored, the court would grant you a divorce, not an annulment.
Your Jacksonville Annulment Attorney at our office understand how to achieve an annulment. Don’t risk losing your opportunity to achieve what you demand because your counsel is inexperienced.
Court-Recognized Grounds for Annulment
An annulment may be sought at any time in a couple’s marriage. It isn’t dictated by the length of time the couple was actually married, as is often the misconception. There are specific circumstances, based on Florida case law, that are recognized as warranting annulment:
- Bigamy (a spouse is legally married to more than one person)
- Incest (the couple is closely related)
- A spouse is mentally rationally and unable to consent to marriage
- Fraud (a marriage was obtained by representation or deceit, including marriages occurring solely to gain citizenship)
There are exceptions to these factors, if the seeking party was aware of one or more of these situations, but continued in approving the marriage. This can be a complicated case to prove or disprove and is yet another reason why you’ll need the experienced attorneys at our office to represent you in the endeavor.
When an Annulment Could be Denied
Besides having inadequate representation when seeking an annulment, there are other reasons that a judge will deny an annulment request. If the party requesting the annulment was aware of their or their spouse’s defects when confirming the marriage, they have waived their right to question the marriage contract.
If both spouses reasonably relied on the marriage to cohabitate, buy property, or bear and raise children, an annulment is usually denied.
Of course the variables making up these causes are undoubtedly complex and intricate. The Jacksonville Divorce Attorneys at our firm can help dissect and analyze your specific circumstances and determine how to best prevail.
Assets and Custody in Annulment Cases
Although an annulment designates a marriage as having never existed, a Florida court cannot declare co-mingled assets or children in the same category. Therefore, these matters will need to be settled through the courts, as they are in divorce proceedings. A judge will determine and implement child support, parenting plans, and asset division. Just as these elements are extremely important, so is the guidance and expertise of an attorney. The Law Office of A. Sam Jubran, P.A. can be that guiding advocate in your annulment case.
Let Jacksonville Annulments Attorney Sam Jubran and his Team Help You
If you or someone you know think you need, or have the grounds for, an annulment of marriage, then you should contact a Board Certified Specialist in Marital and Family Law. Don’t wait, contact your Jacksonville annulments attorney today at 1.904.360.6100.