The Chartered Law Offices of Troum & Wallsh

Family Law

Annulment of Marriage

As laws have been changed to make divorce or dissolution of marriage easier to obtain, it has become unnecessary in many cases to obtain annulments of marriage. Many people tend to forget that marriage arises out of contract law. When you get married you enter into a contract with your spouse. The law does not allow people to enter into a marriage contract when they are otherwise legally incapable of making such a contract. The best example would be a bigamist marriage. If a person is already married, that person no longer has the capacity to enter into a new marriage contract until the first marriage is dissolved by either death or divorce.

Therefore, if you were to marry someone who was still married to another, that marriage would be void from its beginning as no legal contract of marriage was ever recognized. This person would be entitled to an annulment of the marriage. An annulment of the marriage is saying that the marriage never existed from its very beginning. A dissolution of marriage or divorce is a recognition that at one time there was a lawful marriage contract but that the contract has been dissolved by law.

A person seeking annulment of marriage is entitled to the same types of support and rights that a person seeking a divorce would be entitled to.

If you feel that your marriage may be annulled it would be helpful to discuss the matter with an attorney. Even if your situation does not merit an annulment of the marriage you are still entitled to dissolve the marriage by filing for divorce.

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Chartered Law Offices of
Troum & Wallsh

2699 Lee Rd., Suite 505
Winter Park, Florida 32789
Ph: (866) 433-1087
Fx: (407) 644-5511