So you have been married a short time, and you realize that this was a mistake. What do you do about it. Should you get an annulment or a divorce? What’s the difference? An annulment voids the marriage, and it will be as if the marriage never occurred. On the other hand, a divorce ends/ dissolves the marriage. Therefore, there may need to be property division in a divorce.
Obviously, you probably prefer an annulment. However, not so fast! In Florida it may not be as easy as you think. You have to have one of the following 3 factors:
- There must have been some kind of fraud involved.
- One or both spouses lacked mental competency to enter the marriage because of mental incompetency
- The marriage was not consummated.
If you have spent a night together after the wedding, it is going to be difficult to convince the court that the marriage was not consummated. The court is probably going to suume that it was. Annulments are difficult, but not impossible, to get in Florida. In most cases, you should probably start to think about a divorce.
While annulment way not be possible, an uncontested divorce is your next best option. If you had only been together a short time, it’s not likely that there were big changes in your life. If no one is pregnant and no one won the lottery, you would think that you should be able to agree on an uncontested divorce. Each person takes out of the marriage what they brought into the marriage. Let’s pretend that it never happened.
No is the time to turn on the charm and your persuasive powers. If you can negotiate the terms of the divorce before the lawyers are involved, you are going to save a boat load of money and problems. It is time to forgive and forget.
If you would like to discuss your situation, call Ty Zdravko. Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.
For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.