Annulment is an unfamiliar concept for many because it differs from divorce. While divorce ends a valid marriage, an annulment declares that a marriage was never legally valid in the first place.
In Florida, there is no specific statute for annulment; instead, the process is governed by common law, meaning courts rely on previous rulings and legal principles.
At West Family Law Group, we understand that annulment proceedings can be an emotional and stressful time. That’s why we’re here to guide you through Florida’s annulment process, explain when it is applicable, and clarify how it differs from divorce.
Grounds for Annulment in Florida
Florida law permits annulments in specific situations, and these circumstances must fall within certain legal grounds. Not every unsatisfactory marriage qualifies for annulment, so understanding these criteria is essential.
Bigamy
If one spouse is already legally married to another person, the second marriage (or “bigamy”) is automatically void. Marrying more than one person at a time is prohibited by law, and an annulment is often granted in such cases to formally declare the marriage’s invalidity.
Incestuous Marriages
Florida prohibits marriages between close blood relatives, making such unions void. An incestuous marriage, meaning one between close family members, is inherently invalid and can be annulled.
Mental Incapacity
If one spouse was permanently mentally incapacitated and unable to provide consent at the time of the marriage, the marriage is void.
This includes cases where a spouse was suffering from severe but temporary mental issues or was under the influence of drugs or alcohol during the ceremony, rendering them incapable of understanding the nature of the marriage.
Fraud or Misrepresentation
A marriage can be annulled if it was based on fraud or misrepresentation. However, not every lie qualifies as grounds for annulment. The fraud must go to the heart of the marital relationship.
For example, if one spouse married solely for immigration purposes or misled the other about their ability to have children, this could be grounds for annulment.
Impotence
If one spouse is physically incapable of consummating the marriage, and the other spouse was unaware of this at the time of marriage, the marriage may be annulled.
Underage Marriage
In cases where one spouse is under the legal age to marry and did so without parental or guardian consent, the marriage is voidable. This means that while the marriage is not automatically void, it can be annulled if challenged in court.
Duress or Coercion
If one or both spouses were forced into the marriage against their will, the marriage can be annulled on grounds of duress. The coercion must have existed at the time of marriage, not a regret that developed later.
Marriage as a Joke
While rare, Florida recognizes that marriages entered into as a joke or prank may be annulled. In these cases, the marriage lacks the genuine intent to create a legal union.
Void vs. Voidable Marriages
It is important to understand the difference between void and voidable marriages.
- Void marriages (such as bigamous or incestuous unions) are considered never valid and do not require legal action to be dissolved. However, obtaining an annulment can help officially declare the marriage invalid and clarify legal rights and responsibilities.
- Voidable marriages (such as those involving fraud, duress, or underage parties) are valid until a court declares them invalid. If no action is taken, a voidable marriage remains legally binding.
Annulment vs. Divorce: Key Differences
Unlike divorce, which addresses the division of assets, alimony, and, in some cases, child custody, an annulment aims to restore the parties to their pre-marital status.
In an annulment, equitable distribution does not apply the same way it does in a divorce. The court may focus on returning both spouses to their original financial standing, rather than dividing marital assets.
That said, in cases involving children, Florida courts will still address child support and parental responsibilities, as parental rights remain intact despite the annulment of the marriage.
The Annulment Process in Florida
Because Florida does not have formal annulment statutes, the process can vary depending on your circumstances. To start an annulment, you need to file a petition in the appropriate court, outlining your grounds for annulment and presenting evidence to support your case.
Since annulment cases rely heavily on common law and precedent, consulting with a legal professional who understands the nuances of Florida annulment law is highly advisable.
So, Is Annulment Right for You?
While annulment is an option in Florida, it is not always the simplest or most straightforward path. Divorce may offer a more practical solution in many cases, particularly when children or significant financial matters are involved. However, if your marriage meets one of the legal grounds for annulment, it could be the best course of action.
If you believe you have grounds for annulment or would like more information on whether an annulment is appropriate in your situation, West Family Law Group is here to help. We understand that every case is unique, and are ready to help you explore your options and take the necessary steps to protect your rights.
