Sebring, FL Divorce Law Firms & Lawyers

 Since your husband is in prison, did you have an opportunity to consummate the marriage?  Under Florida law, failure to consummate the marriage is one of the grounds for an annulment    Although there is not a specific Florida statute governing annulment, other grounds to petition the court for annulment include lack of capacity to contract for the marriage because one of the parties is already married, was intoxicated at the time of the marriage (by that, we mean intoxicated to the point of not knowing what one was doing), or did not have the mental capacity to enter into the marriage.  Other grounds include entering into the marriage by fraud or deceit. However, based on your circumstances, the lack of consummation may be your best bet.  Alternatively, you can file for divorce.  Since no children were born of the marriage, and since, presumably, there are no assets or liabilities to divide, Florida statutes guaranty that you can get divorced.    Good luck,    Cindy Vova    Law Office of Cindy S. Vova, P.A.    8551 West Sunrise Blvd., Suite 301    Plantation, FL 33322    954-316-3496    info@vovalaw.com

A QDRO is short for qualified domestic relations order. This is a court order prepared by a CPA or lawyer who is experienced in preparing QDROs. Once the order is drafted, it is sent to, and signed by the trial judge and then it is sent to the employer or organization that maintains a particular retirement account. The purpose is to divide a qualified plan or retirement account, normally following a divorce, such that each former spouse will now own a portion of the retirement asset. The QDRO order must comply with all current federal laws relating to ERISA,qualified plans, retiremnet accounts, etc. Therefore caution is urged to be sure that the QDRO order is preared by someone that is experienced and knowledgable in this field. This is a thorny area of law and not for the inexperienced practitioner. The costs start at about $750 and go up depending on the complexity.  Some employers have strict requirements that may require certain language in the QDRO.