Law Office Of Paulette Hamilton Divorce Lawyers | July 8, 2025 | Orlando Divorce and Family Law Blog
In Florida, an annulment is a legal process that declares a marriage invalid, treating it as though it never existed. This is different from a divorce, which ends a valid marriage. Annulments are only granted under specific circumstances.
If you are seeking one, it’s important to understand the legal requirements to determine if your situation qualifies.
Void vs. Voidable Marriages in Florida
In Florida, a marriage may be declared invalid if it falls into one of two categories:
- Void marriages are considered legally invalid from the beginning. These include marriages that are prohibited by law, such as incestuous marriages or those involving bigamy. No legal action is technically required to end a void marriage, though many people still seek a formal court declaration for clarity.
- Voidable marriages are legally valid unless one spouse takes action to annul the marriage. Common grounds for voidable marriages include fraud, duress, coercion, or incapacity to consent at the time of the marriage.
Understanding where your marriage falls within these categories is essential for determining whether an annulment is possible.
Legal Grounds for Annulment in Florida
To obtain an annulment in Florida, you must demonstrate that your marriage meets certain legal criteria. The most common grounds for annulment include:
- Bigamy or incest: If either spouse was already legally married to someone else at the time of the marriage or closely related by blood, the marriage is considered void.
- Underage marriage: A marriage may be annulled if one or both spouses were under the legal age to marry and did not have parental or court approval.
- Lack of mental capacity: If a spouse was mentally incapacitated or unable to understand the nature of the marriage due to illness, disability, or intoxication, the marriage may be voidable.
- Fraud, duress, or coercion: A marriage can be annulled if one spouse was deceived or pressured into the relationship through misrepresentation, threats, or manipulation.
Each case is unique, and the specific circumstances will determine whether an annulment is appropriate.
Annulment vs. Divorce
While both annulment and divorce legally end a marriage, they are different. Divorce acknowledges that a valid marriage existed but is now being dissolved. Annulment, on the other hand, treats the marriage as if it never legally occurred.
Annulments are often pursued for personal, religious, or cultural reasons. Some individuals seek an annulment to avoid the legal and financial implications of divorce, such as property division or spousal support. Others may pursue an annulment due to religious beliefs that prohibit divorce.
Financial and Legal Concerns After an Annulment
In Florida, annulments generally do not create the same rights and obligations as divorce. However, courts can still address issues of fairness, especially when one party suffers financial harm due to fraud or deception.
If the marriage produced children, the court will still address matters such as child custody, visitation, and support, regardless of the marriage’s legal status. The court will decide these matters according to the best interests of the child.
How To Pursue an Annulment in Florida
Florida does not have a specific statute governing annulments. These cases are handled through family courts using established case law. To initiate an annulment, you must file a petition in your local circuit court, providing evidence that the marriage meets the legal grounds for annulment.
The process involves presenting your case to a judge, who will decide whether your marriage is void or voidable based on the facts. If the judge grants the annulment, it will be as though the marriage never occurred.
Contact our Family and Divorce Lawyers at Law Office Of Paulette Hamilton Divorce Lawyers for Help Today
If you believe your marriage may qualify for an annulment, it’s important to consult with a knowledgeable lawyer who can explain your rights and guide you through the legal process.
For more information, please contact the Law Office Of Paulette Hamilton Divorce Lawyers in Orlando, FL for a free consultation with our experienced Orlando family law attorneys.
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