In a previous blog we explained what the act of nullifying a marriage consists of. Some people called our office and wanted to know what the main differences were between annulment and divorce. In today's blog we will be answering this question. The explanations that we are going to give in this blog constitute the current law of the State of Florida. If you reside in another state, contact an attorney in your area for specific advice. As we had previously explained, by annulling a marriage, you are declaring that it was never valid, that it never existed, so the parties are going to return to the state they were in before they were wed. On the contrary, by divorcing, the court is acknowledging that the marriage between the parties existed but is dissolving the marriage bond. When a marriage is annulled, the parties return to their single status. When the spouses divorce, they acquire the civil status of divorced. When a marriage is annulled, the parties are not entitled to receive spousal or alimony support. In some cases, the court may award the alimony pende lite while the process is pending, and in other cases, the court may award permanent alimony, if one spouse is an innocent victim of the other; but generally, since the marriage did not exist, the parties may not request alimony. However, in divorce proceedings, the spouses have the right to request alimony. In null marriage cases, the parties will not have hereditary rights, nor rights over retirement plans, pensions or other benefits that exist between the spouses. In divorce proceedings, spouses can exercise certain rights to the aforementioned benefits. One of the most important aspects of the annulment proceedings is that the court will not partition the assets that were acquired while the parties were married. Since the premise is that the marriage never existed, the parties must divide the assets they acquired while they were married without the help of the court, and they themselves must return to the financial position they were in before they were married. This is not so during a divorce. One of the tasks of the court during the divorce process is to divide the assets acquired during the marriage, or to partition the community of assets. In divorce proceedings, the judge will be in charge, unless the parties agree, to divide the assets acquired during the marriage. Finally, in the case of children born under a null marriage, the paternity of the children will not be a problem, unless one of the parties disputes it. However, children born from a null marriage will not be considered legitimate, such as those born under a marriage that ended in divorce. In both cases, the annulment and divorce proceedings, the court will deal with matters of alimony or child support, visitation, parental authority and custody and care of minors through the parenting plan or the parent plan. If you want to dissolve your marriage bond, and you don't know whether to choose to annul your marriage or get divorced, call us today, and we will help you choose the best option for you and your family. At Y. Morejon Attorney, P.A. we can assist you with annulments, divorce, paternity and custody cases, alimony, child support, child relocation, and other family proceedings. The first consultation is free. At Y. Morejon Attorney, P.A. your problem is our problem.
Legal Disclaimer Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.