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Should I Pursue An Annulment Or An Uncontested Divorce?


When a marriage no longer works, it is natural and common for the individuals involved to seek a way out. In the state of Florida, there are two legal ways to end a marriage, you can do so through an annulment or through a divorce. It is essential to understand the differences between the two, and not every union qualifies for an annulment.

If you are eligible for an annulment, it could be a good choice, but you need to be aware of an annulment fully erasing the marriage from your legal history. For many, an uncontested divorce is the best option, talk to a Tampa family lawyer to learn more.

What Is a Florida Annulment?

An annulment is a legal procedure that declares a marriage null and void. This means it is as if it never happened. This option is only available in specific circumstances, such as the following:

  • A spouse, or both spouses, were under the age of 18 and there was no parental consent.
  • The marriage was entered into under duress or coercion.
  • One or both parties were already in an official union, married or in a domestic partnership, when the marriage took place.
  • The marriage was between close relatives, such as siblings or first cousins.
  • There was an inability to consummate the marriage due to a physical or mental incapacity.

Because an annulment essentially is stating the marriage was never possible in the first place, for one reason or another, there is no asset division process, and often they are more difficult to obtain than a divorce due to the strict eligibility distinctions.

Of course, if you have disputes with your spouse related to property division, spousal support, child custody, or child support, then an annulment that nullifies and voids the marriage will not be helpful, and a divorce process may be necessary.

What Is an Uncontested Divorce?

When both spouses agree it is time to end a marriage, and they are willing to agree on all issues related to the divorce, including the division of assets and debts, child custody, and child support, an uncontested divorce is in reach.

The benefits of an uncontested divorce are that it’s a more amicable and less stressful process, and because both parties agree on terms, there are fewer legal fees and court costs involved. Overall, an uncontested divorce is a simpler and less expensive option for ending a marriage than a contested divorce. Plus, an uncontested divorce can typically be completed relatively quickly, allowing you to move on with your life.

To understand if an annulment or an uncontested divorce is possible for you in the state of Florida, talk to a Tampa family lawyer. A skilled attorney can help you understand your legal options and guide you through whatever process you are eligible for and choose.

Are you looking to exit a Florida marriage without a lot of expense or stress? Discuss your options, including an uncontested divorce, with the legal team at Blair H. Chan, III. Schedule your confidential consultation today, call 813-202-7831.

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