This is the next post in a series of articles which will detail how to get a divorce in Melbourne, Florida if your spouse has been deported. In my last article, I discussed how service of divorce papers works when a spouse has been deported and cannot be reached for traditional service. The process is regulated by the Court and only granted by a Judge after a good faith effort to find the spouse is completed and documented. In this article, I will address how Florida’s annulment law applies in cases where a spouse was deported. Annulment may be an available legal remedy than divorce in such situations. Contact my office to speak with a Melbourne annulment attorney if you are in need of assistance.
It is not uncommon for individuals to lie about their immigration status or their true intentions when entering into a marriage. People have entered into a marriage purely for the purpose of securing legal residency in the United States, while falsely claiming to be committed to the relationship. You may feel your marriage was based on fraud if you married someone who concealed the fact that they were in the country illegally or misled you about their immigration status. Many individuals in a similar situation would file for divorce. However, you may be eligible for an annulment instead. The difference between the two is that divorce ends a legally valid marriage and an annulment treats the marriage as if it never existed in the first place.
A Court may grant an annulment in cases where the marriage was entered into based on fraud and the fraud goes to the essence of the marriage. This means that the deception was serious enough that the other person would not have entered into the marriage if they had known the truth. Lying about immigration status or marrying someone for the purpose of obtaining a green card is likely to meet this legal standard. Misrepresenting one’s legal right to remain in the country or lying about one’s intention to be in a committed marriage can be grounds for an annulment. The spouse’s deportation may even strengthen the other person’s case for an annulment.
The process of obtaining an annulment in Florida begins with filing a Petition for Annulment with the Court. The petition should state the reason why you believe the marriage should be declared void and provide supporting details of the fraud. It is necessary to serve the other party with notification of the annulment case, similar to the need to serve divorce papers. It is possible to receive court permission to serve a spouse by publication if your spouse has been deported and you do not know his current location. This process involves conducting a diligent search and filing an affidavit with the Court to show your efforts. This type of service requires the notice of annulment to be published once per week for four consecutive weeks. The Court may proceed with the case by default if your spouse fails to respond. You may be required to attend a final hearing to present evidence and testify under oath regarding the claim of fraud. The Judge may then issue a final judgment granting the annulment.
There may be some additional issues to resolve after the annulment is granted. For example, property or debts acquired during the marriage can be divided. It may also be necessary to update accounts, titles, insurance policies, and other legal documents. You can typically request to change your name back to your maiden/birth name as a part of the annulment judgment if you changed your name during marriage. Custody matters may need to be addressed by the Court as well if there are shared minor children.
You may be eligible for an annulment under Florida law if your spouse was deported and you believe your marriage was based on fraud. Annulment cases involving a spouse that is no longer in the country can be complex due to additional service requirements, documentation and arguments to prove fraud, and more. It is important to retain an attorney who is experienced in this area. Contact Beachfront Family Law, LLC to speak with a Melbourne annulment lawyer. I look forward to speaking with you. We serve those in Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.