Jacksonville Annulment Attorney
What Is an Annulment?
Annulment is a process whereby one can end their marriage based on certain criteria without the need for divorce. In Florida, there is no section of the family code that specifically addresses annulment. For this reason, if you are seeking an annulment, you should consult with a Jacksonville annulment attorney. My firm, Charles E. Willmott, P.A., offers the experience and skills needed to help you through the annulment process.
Granting an Annulment: The Criteria
Specifically, in order for a judge to grant an annulment, you must prove that the marriage meets the criteria to either be voided or voidable. A void marriage is one that appeared to be legal when it took place, but then some circumstance occurred which revealed that it was not. If one spouse, for example, was previously married, and that marriage was never legally terminated by divorce or death, then the current marriage was illegal, and should not have occurred.
A voidable marriage, on the other hand, is one that was legal, but occurred based on some misrepresentation or fraud that came to light later. This could include being coerced into marriage by threat of violence or duress, impotence, or a spouse discovered after the marriage that they were related by blood.
Jacksonville Divorce Lawyers
A judge in Florida, in considering an annulment, will look at past cases in order to make a decision. It can be very difficult to get a judge to reach a positive decision for a marriage annulment. You must go to court, and you must prove you have a valid and legal reason for the annulment. It is possible that you may start the annulment process only to have the judge deny it, particularly if you are not represented by an attorney with experience in this legal matter.