EP 50: What is the Difference Between a Divorce and an Annulent of a Marriage? – FESCH.TV

FESCH.TV INFORMIERT:

Florida Attorney Sergio Cabanas talks about the difference between a divorce and an annulment or invalidation of a marriage. He has outlined this topic in a brief 60-second overview to provide you with important information in a concise fashion.

Para la version en español, ver aquí:
¿Cuál es la diferencia entre un Divorcio y la Anulación de un Matrimonio?

***Please note that the information in this video is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.***

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The Divorce and Mediation Law Firm focuses on Divorce, Mediation, Child Custody, Child Support, Alimony, Prenuptial Agreements, Post-nuptial Agreements, Domestic Violence, and Post-Divorce Related issues. Our firm has a unique mix of attorneys and accountants, bringing a great deal of firepower in analyzing our clients’ legal and financial situations.

Sergio Cabanas, Esq. has been practicing law since graduating from Washington College of Law in Washington D.C. in 1991 and is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court since 1992.

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Transcript:
Hello and welcome to 60 Seconds with Sergio. I am your host, Sergio Cabanas, Attorney-at-Law here in Florida. Thank you for joining me today.
Today’s question is: „Sergio, I’ve heard of instances of people being able to go to court to invalidate or annul a marriage, instead of getting a divorce.“
„What’s the difference between a divorce and an annulment or invalidation of a marriage?“
Well, let’s try to crystalize the definition of each term.
A divorce is basically a termination of a valid marriage where the spouses have marital rights.
Such as to marital assets, and potentially alimony and so forth.
In contrast, an annulment is the legal process of invalidating an existing marriage, as if it never existed.
And, if the marriage never existed, that means that neither „spouse“ has any marital rights, such as to marital property or alimony.
So, Florida law imposes a presumption.
A presumption that, if the parties, abided by the laws of the place where the marriage ceremony took place, chances are the marriage will be considered to be valid.
And therefore, the parties must undergo a divorce in order to terminate the marriage.
Versus an annulment.
For example, if the marriage actually took place in Florida, any marriage that was properly licensed, performed, and recorded, is presumed to be valid.
And therefore, the party that wants to challenge the validity of the marriage has a burden to overcome this presumption with evidence, showing that the marriage was not valid.
So, how is it possible to invalidate a marriage?
Well, it comes down to whether or not the marriage is considered to be void versus voidable.
A marriage is considered to be void, or therefore not valid, if the defect that’s causing the question as to the validity of the marriage, cannot be fixed or cured in any way.
The two biggest examples of such an instance is where the marriage, for example, is bigamous or there is incest.
On the other hand we may have a voidable marriage, which means that there