uncontested annulment or divorce?

[Smile88]

What is the name of your state (only U.S. law)? Florida
Hi there, we married in Florida in 2003 and we both would like to have our marriage annuled.
Here are my questions:
1. If the annulment is uncontested, will there still be a hearing to see if the annulment is proper or will there automatically be a positive decision in favor of the annulment.
2. If an annulment is not possible we would file for an uncontested divorce. Do both parties have to be present at court (if there is any hearing) or would one or no party be enough?
Thank you for your time and knowledge

[Gracie3787]

Originally Posted by Smile88

What is the name of your state (only U.S. law)? Florida
Hi there, we married in Florida in 2003 and we both would like to have our marriage annuled.
Here are my questions:
1. If the annulment is uncontested, will there still be a hearing to see if the annulment is proper or will there automatically be a positive decision in favor of the annulment.
2. If an annulment is not possible we would file for an uncontested divorce. Do both parties have to be present at court (if there is any hearing) or would one or no party be enough?
Thank you for your time and knowledge

A 6 year long marriage cannot be annulled in FL.

You'll need to file for a divorce. If there is no property, no children, and both aprties agree, the divorce will be cheaper and faster. Yes, there will be a hearing, but it will be a short one if both parties agree on everything.
You can find the forms at [url=http://www.flcourts.org]Florida State Courts[/url]

[Smile88]

Thank you for your fast response and the link. Thank you.
Actually the marriage was in 2006 not in 2003, sorry for the mistake.
I am leaving for Germany in 4 weeks and will not be able to attend the court hearing, but we both agree to all the points. There aren't any assets of value. Would the divorce still be valid if I am not present at the hearing?
Furthermore, my wife just conceived a child from another man and I have not seen her in a year. I am very happy for her but am a little concerned how it affects our divorce. Thank you so much for your time and knowledge. Thank you

[mistoffolees]

Originally Posted by Smile88

Thank you for your fast response and the link. Thank you.
Actually the marriage was in 2006 not in 2003, sorry for the mistake.
I am leaving for Germany in 4 weeks and will not be able to attend the court hearing, but we both agree to all the points. There aren't any assets of value. Would the divorce still be valid if I am not present at the hearing?
Furthermore, my wife just conceived a child from another man and I have not seen her in a year. I am very happy for her but am a little concerned how it affects our divorce. Thank you so much for your time and knowledge. Thank you

You don't need to be present, but you should definitely be represented - even if it's uncontested at this point. You never know what might happen at a hearing if you're not there.

Congratulations, Dad. You are soon to be the legal father of another child. Granted, you can probably disestablish paternity, but until then, you'll be the legal father. And if she tells the court she's pregnant, you may not get a divorce for another 9 months, anyway.

See an attorney.

[Gracie3787]

Originally Posted by Smile88

Furthermore, my wife just conceived a child from another man and I have not seen her in a year.

Well, that ends the hope of an easy, fast pro-se divorce. You NEED an attorney because you will need to disestablish paternity before you can be divorced. If you try to do the easy pro-se divorce, you risk being the legal father with CS for the next 18 yrs.

You can also expect that the divorce will not be finalized until the child is born. You might be able to get it finalized before the birth, but it will take an attorney to accomplish it.

[Smile88]

Thank you so much for your answer. The child has been born 2 weeks ago and my wife and the biological father are living together for some time. What is the easiest way for me to disestablish paternity. I am in Florida, the child has been born in California. My wife and her boyfriend life in California. Thank you for your time and knowledge. Thanks

[CourtClerk]

Congratulations! You are the father of a child! At this point, hire an attorney.

Originally Posted by CourtClerk

Congratulations! You are the father of a child! At this point, hire an attorney.

I'm sorry that these people on here aren't very helpful. Look up the Florida law under 742.18 Disestablishment of paternity or termination of child support obligation. I'm sure you will find what you're looking for here. Hope this helps in some way!

[Ohiogal]

Originally Posted by WVA

I'm sorry that these people on here aren't very helpful. Look up the Florida law under 742.18 Disestablishment of paternity or termination of child support obligation. I'm sure you will find what you're looking for here. Hope this helps in some way!

It doesn't. He has to disestablish paternity DURING the divorce. If he is not there, he may continue being daddy until the OTHER MAN steps up to the plate. Please quit posting.