Marriage annulments are a form of legal separation in Florida, but they differ from divorce. Annulments deem a marriage void from the start as if it never happened. This post explores the criteria and process for obtaining a marriage annulment in Florida.

What Are Marriage Annulments?

Marriage annulments are legal decrees that a valid marriage never existed. They’re different from divorces, which end a legally recognized marriage.

Criteria for Marriage Annulments in Florida

Florida law sets specific grounds for annulment. Marriage annulments are granted under certain specific circumstances where the marriage is considered either void or voidable. To obtain an annulment, the marriage must meet one or more of the following criteria:

1. Lack of Consent or Inability to Consent: This can occur if either party was under the influence of drugs or alcohol, suffering from mental illness or confusion, which impeded their ability to consent to the marriage.
2. Fraud or Misrepresentation: Discovering that one spouse withheld crucial information or lied about something significant, which, if known by the other party, would have led them to not consent to the marriage, allows for an annulment.
3. Underage Marriage: If one of the parties was under 18 and did not have parental consent at the time of the marriage, it may be considered void.
4. Bigamy: If one party was already legally married to another person at the time of the marriage, the second marriage is not legally valid and is subject to annulment.
5. Coercion: If one spouse was forced or threatened into the marriage, it may be annulled.
6. Impotence: The marriage can be annulled if one spouse was impotent at the time of the marriage and the other spouse was unaware before getting married.
7. Mental Incapacity: If one party lacked the mental capacity to understand or agree to the marriage, it is grounds for annulment.
8. Incarceration: One party can void the marriage if the other party was incarcerated at the time of marriage without their knowledge.
9. Consanguinity: Marriages between close relatives, such as siblings or parent and child, are void from the start.

The process of obtaining an annulment in Florida involves filing a petition with the court, serving the other party, and potentially going through a hearing process. Because of the complexities and specific legal requirements involved, a family law attorney can help guide you through the process and ensure you meet all criteria and procedural requirements.

The Process of Annulment in Florida

Starting the annulment process in Florida involves filing a petition in the Circuit Court. This petition outlines the basis for the annulment and asserts that the marriage was never valid. You must then serve the petition to your spouse, giving them the chance to respond. A hearing may take place where both parties can present evidence to support their case. If the judge finds the criteria for annulment are met, they will enter an order annulling the marriage.

This process can become complex, and legal representation is often necessary to navigate the intricacies of family law in Florida. It’s a process that underscores the importance of detailed preparation and clear, legal articulation of the grounds for the annulment.

Legal Effects of an Annulment

An annulment in Florida legally nullifies the marriage, treating it as though it never existed. After an annulment, both parties return to their single status with no mutual rights or obligations from the marital relationship. This means there’s no spousal support or division of marital property. However, issues like child support and custody still need resolution, as children born during an annulled marriage remain legitimate. It’s crucial to note that an annulment does not alter the paternity or parental responsibilities established during the marriage.

How Annulments Differ From Divorce

Annulments and divorces serve the same ultimate purpose of ending a marriage, yet they follow distinct legal paths and have different consequences. Divorce recognizes the marriage as valid but ending, leading to the division of marital assets, potential alimony, and other settlements. An annulment, on the other hand, states the marriage was invalid from the start.

Unlike divorce, annulments do not address issues like alimony or marital property since they deem the marriage nonexistent. There are no marital assets to divide since, legally, the marriage never existed. An annulment can also affect one’s personal history differently, erasing the marital status entirely, which might align better with the individual’s religious and social beliefs​.

Preparing Your Annulment Case

Preparation involves gathering evidence to support the annulment grounds and, in most cases, hiring a lawyer knowledgeable in family law.

Conclusion

Understanding the marriage annulments criteria and process is crucial for those seeking this form of legal separation in Florida. While not as common as divorce, annulments offer a means to legally nullify a marriage based on specific grounds. Those considering annulment should seek the counsel of an experienced attorney to navigate the complexities of the process.

---

The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with our team today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.

Have more questions? Let us know by sending an email to: questions@legallotus.legal and we will do our best to develop content to provide you with direction and insight!

For more information:
Check out and subscribe to our YouTube Channel
Follow us on Instagram
Like us on Facebook
Visit our website
Shop our Legal Templates

No Attorney-Client Relationship or Legal Advice: Communication of information by, in, to, or through this Website and your receipt or use of it: (1) is not provided in the course of and does not create or constitute an attorney-client relationship; (2) is not intended as a solicitation; (3) is not intended to convey or constitute legal advice; and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements. Feel free to contact us if you need legal assistance.