Separation, Divorce, or Annulment: What’s the Difference?

Ending a marriage is never easy, but sometimes it’s the best choice for everyone. Many couples wonder if divorce is their only option or if separation or annulment may be an option for them. Let’s take a look at what each of these options means for couples in Florida who are seeking to dissolve their union:

Separation

There are two types of separation: trial separation and a legal separation. A trial separation is when a couple who plans to end their marriage decides to temporarily live apart before filing for divorce. When the trial separation period ends, the couple either decides to move back together and stay married or continue on to a divorce.

A legal separation is when a couple divides their assets, develops a timesharing plan for their children, and lives separate lives but is still legally married. Florida is one of a handful of states that do not recognize legal separation, so this is not an option for Florida residents. An alternative that some couples in Florida use is a postnuptial agreement. This agreement divides up assets, debts, parenting time, and the financial arrangements for the couple for the remainder of their marriage. The Florida courts recognize postnuptial agreements, so this could be an alternative for a couple that is opposed to a divorce but does not want to continue living their lives together.

Annulment

 An annulment is when a judge decides that a marriage contract is null, void and should have never occurred in the first place. Unlike a divorce, which ends a marriage contract, an annulment declares that a valid marriage never existed. An annulment is much more difficult to obtain than a divorce. To be considered for an annulment, one of the following situations must have occurred:

• Bigamy (being married to more than one person at a time)
• Incest
• Underage partners who lacked parental consent to marry
• Lack of mental capacity to consent to a marriage
• Impotence
• Fraud or misrepresentation to trick the other into the marriage
• Forced marriage

Even if one of these conditions is met, a judge could still decide not to grant an annulment. In this situation, the couple would have the option to divorce. If you are interested in securing an annulment, it’s very important to speak with an attorney to learn how this impacts your rights to alimony and division of assets.

Divorce

Divorce is the process to legally end a marriage. As part of the divorce, you and your partner will fairly split your assets and debts as well as develop a plan for timesharing your children and child support. Divorce is the most common option to end a marriage and is often the easiest and fastest.

Contact Troy Legal to learn more about divorce, annulment and postnuptial agreements in Florida. We are committed to helping our clients secure the best outcome possible and making a difficult and complex situation as painless and quick as possible.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.