Annulment is a legal process that declares a marriage null and void as if it never legally existed. Unlike divorce, which ends a valid marriage, an annulment is granted when a marriage is deemed legally invalid from the outset.
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407-849-7072Florida doesn’t have specific annulment statutes, which means courts rely on case law and legal principles to determine whether an annulment is warranted. If you’re considering an annulment or divorce, you should speak with a family lawyer in Florida to protect your rights and interests.
Legal Grounds for Annulment in Florida
To obtain an annulment in Florida, a party must prove that the marriage was either void or voidable under Florida law.
Void Marriages (Automatically Invalid)
A void marriage is never legally recognized, even without a court order. These include:
- Incestuous Marriage: Marriage between close blood relatives (Florida Statutes § 741.21)
- Bigamous Marriage: One spouse was already legally married to someone else at the time of the second marriage
Voidable Marriages (Legally Invalid but Require Court Action)
A voidable marriage is presumed valid until a court declares it null. Grounds for annulment include:
- Lack of Consent: One spouse lacked mental capacity due to intoxication, mental illness, or coercion
- Fraud or Misrepresentation: If one spouse was deceived into marriage through fraud (e.g., marrying solely for immigration purposes or misrepresenting an intent to have children)
- Duress or Force: Marriage entered under threats, coercion, or undue pressure
- Impotence: If one spouse was permanently impotent and didn’t disclose this before marriage
- Underage Marriage: A marriage involving a minor without parental consent or court approval
The Annulment Process in Florida
Since there’s no Florida annulment law or statute, the process is handled similarly to divorce proceedings, requiring court intervention.
- Filing a Petition: The annulment seeker must file a Petition for Annulment in Florida’s circuit courts of the county where one or both spouses reside.
- Providing Evidence: The petitioner must present legal grounds and supporting evidence proving the marriage is void or voidable.
- Court Proceedings: If the annulment is contested, a hearing or trial may be necessary to determine whether it’s a valid legal marriage.
- Judgment of Annulment: If the court grants an annulment, a final judgment is issued, legally declaring the marriage null and void.
Effects of an Annulment
Once an annulment is granted, it’s as if the marriage never legally existed. However, certain legal issues may still arise:
- Child Legitimacy: Florida law considers children from annulled marriages legitimate, and child custody and support matters are handled similarly to divorce.
- Property Division: Since annulment voids the marriage, equitable distribution laws don’t apply. Courts may still allocate assets based on contract law or unjust enrichment principles.
- Alimony: Unlike divorce, annulment typically doesn’t result in alimony, unless a party can prove financial dependence due to fraud or coercion.
Annulment vs. Divorce in Florida
| Factor | Annulment | Divorce |
| Legal Effects | Marriage is deemed never to have existed | Marriage is legally dissolved |
| Grounds | Must prove the marriage was void or voidable | No-fault divorce is allowed |
| Property Division | Generally not applicable | Equitable distribution applies |
| Alimony | Rarely granted | May be awarded based on financial need |
| Child Custody & Support | Handled like a divorce | Handled under divorce laws |
Challenges in Obtaining an Annulment in Florida
- Limited Legal Grounds: Annulment is only granted in specific cases like fraud or mental incapacity, which makes it far less common than divorce.
- Burden of Proof: The spouse seeking annulment must provide clear and convincing evidence that the marriage was legally invalid from the start.
- Time-Sensitive Factors: Delaying an annulment request may result in the court considering the marriage ratified, especially if the couple cohabitated.
- Lack of Clear Statutes: Florida has no specific annulment laws, so judges rely on case law, leading to inconsistent outcomes.
- Impact on Children and Assets: Unlike divorce, annulment may complicate child custody and property division determinations.
FAQs on Annulment in Florida
Can I get an annulment if my spouse lied to me?
Possibly. Fraud or misrepresentation may be grounds for getting a marriage annulled if the lie directly affected the core purpose of the marriage. For example, if one spouse never intended to have children but falsely claimed they did, an annulment may be possible.
How long do I have to file for an annulment?
There’s no set time limit, but the longer a couple remains married, the harder it is to prove that the marriage should be annulled. Courts are more likely to grant an annulment if it’s sought soon after discovering the legal defect.
What happens to assets and debts in an annulment?
Since an annulment treats the marriage as void, Florida’s equitable distribution laws (which apply in divorce cases) don’t automatically apply. Courts may divide assets based on contract law or unjust enrichment principles.
Can a marriage be annulled if it was never consummated?
While lack of consummation isn’t, by itself, a legal ground for annulment in Florida, it can support an annulment claim if it results from fraud, misrepresentation, or undisclosed impotence.
Can an annulment affect my immigration status?
Yes. If a marriage was the basis for an immigration application (such as a green card petition), an annulment can lead to the revocation of immigration benefits. The U.S. Citizenship and Immigration Services (USCIS) may also investigate whether the marriage was fraudulent.
Is annulment better than divorce in Florida?
Annulment isn’t necessarily better than divorce—it depends on the circumstances. Annulments require specific legal grounds and are harder to obtain. If annulment isn’t an option, a divorce may be the best way to end the marriage.
Do I need an attorney for an annulment?
Yes, it’s highly recommended. Since Florida lacks clear annulment statutes, having an experienced family law attorney ensures you present a strong case and navigate the complexities of annulment law effectively.
Steps Our Florida Family Law and Divorce Lawyers Take to Obtain an Annulment
At Veliz Katz Law, our skilled Florida family law attorneys understand the complexities of annulment cases. Because Florida doesn’t have a specific annulment statute, these cases require strong legal arguments and thorough evidence to succeed.
If you believe your marriage qualifies for an annulment, our legal team will take the following steps to represent and guide you through the annulment proceedings.
Evaluate Your Case for Annulment Eligibility
Not all marriages qualify for annulment in Florida. Our attorneys will conduct a detailed case evaluation to determine if your marriage meets one or more grounds for annulment, such as:
- Bigamy or Prior Existing Marriage
- Fraud or Misrepresentation
- Lack of Mental Capacity
- Underage Marriage Without Consent
If your marriage doesn’t qualify for annulment, we’ll discuss alternatives, such as divorce or separation agreements. Notably, Florida is a no-fault divorce state.
Collect Evidence to Support Your Case
Because annulments require clear and convincing proof that the marriage was legally invalid from the outset, our legal team will collect and organize evidence to strengthen your claim. This may include:
- Witness statements from family members or friends
- Marriage license records
- Medical or psychological records proving incapacity
- Text messages, emails, or documents proving fraud or coercion
- Evidence that the marriage was never consummated, if relevant
If more than one person can provide witness testimony supporting your annulment claim, it may strengthen your case in court.
File the Annulment Petition
Once we establish a strong case, we’ll prepare and file the annulment petition in the appropriate Florida family court. The petition will outline the legal grounds for annulment, present supporting facts, and request the court to declare the marriage void or voidable.
Serve the Other Spouse
The annulment petition must be formally served to your spouse, allowing them to respond. If your spouse doesn’t contest the annulment, the process may move quickly. However, if they challenge the annulment, we will be prepared to advocate aggressively on your behalf.
Represent You in Court Hearings
If your annulment case proceeds to a court hearing, our experienced trial attorneys will:
- Present strong legal arguments and supporting evidence
- Cross-examine the opposing party if necessary
- Address any legal challenges or counterarguments raised by your spouse’s attorney
Florida courts have broad discretion in annulment cases, and a judge will decide based on the evidence presented. Our attorneys will ensure that your rights are protected throughout the process.
Handle Child Custody, Support, and Asset Division
While annulments treat marriages as if they never legally existed, some legal matters still require resolution, including:
- Child Custody & Support: If children were born during the marriage, we will help establish paternity and negotiate custody and support arrangements under Florida law.
- Property & Financial Issues: We’ll work to protect your financial interests and address any disputes regarding jointly owned marital property or debts.
Ensure a Smooth Transition Post-Annulment
Once the annulment is granted, we’ll assist with any remaining legal concerns, such as restoring your maiden name or updating estate plans. If an annulment is denied, we can explore divorce or other legal options to help secure your future.
If you’re considering annulment in Florida, reach out to our experienced divorce and family law attorneys at Veliz Katz Law today for strong legal representation. To schedule your free consultation, call us at 407-634-1835 or contact us online.
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