Can You Get an Annulment in Florida? 2024

Sometimes, marriages don’t work out between couples. This isn’t an easy decision, and the events involved in ending a marriage can be emotionally charged and stressful. In the cases of some couples, divorce is the correct route to take in order to seek a dissolution of the marriage. For others, they wish to declare that their marriage never existed in the first place. This process is referred to as annulment and many people wonder, can you get an annulment in Florida?

The short answer is yes. However, annulments in Florida are not easy to obtain and require that your marriage be considered legally void. Under family law, a judge can issue an annulment if he or she has determined that there was never a valid marriage to begin with. To qualify for an annulment, there are several requirements one must meet, and it is vital to seek the counsel of a trusted Florida divorce and family law attorney who can support you through the process.

What Is an Annulment?

An annulment is a legal concept that is frequently misunderstood by the general public. This is in part due to religion and popular culture offering differing and often inaccurate viewpoints of what the concept means in the realm of family law. While the state of Florida does not have any explicit laws regarding annulment, it is possible to seek one, however difficult it might be.

At its core, an annulment is a legal, court ruling that states that the marriage of a couple was never valid in the first place and is therefore null and void. This ruling erases the marriage from a legal point of view so that those granted one can claim they were never legally wed.

What Are the Grounds for Seeking an Annulment in Florida?

Obtaining an annulment in Florida requires couples to meet certain criteria or prove at least one of the following circumstances:

• One or both of the spouses did not officially consummate the union
• One or both of the spouses did not have the mental competency to enter the marriage because of intoxication or mental incompetency
• One or both of the spouses represented themselves materially

There are several situations in which these three requirements can be met in order to obtain an annulment in the state of Florida. Examples of common legal grounds for seeking an annulment might include:

• Bigamy: It is illegal for one individual to be married to two or more people at the same time
• Minors: An individual under the age of 18 cannot receive a marital license unless they are at least 17 years of age and have written consent from a parent or legal guardian, and the older party is no more than two years older than the younger individual
• Incest: It is illegal for two individuals to marry who are related by lineal consanguinity
• Impotence: One or both of the spouses cannot perform sexual intimacy, and/or they hid the fact that they could not have children
• Insanity: One or both of the spouses do not have the ability to understand the marriage or are mentally unstable
• Fraud: One of the individuals knowingly deceived the other with intent through misrepresentation of information
• Duress: One or both of the spouses were forced to marry due to threats of physical harm or other types of coercion
• Denial of Marital Rights: One or both of the spouses refuses to have marital relations with the other or live together

In the state of Florida, either spouse is able to petition for an annulment. Likewise, a parent, legal guardian, or family member may petition the courts for an annulment on behalf of a minor or an impaired adult individual who did not have the capacity to enter the marriage.

What Are the Differences Between an Annulment and a Divorce?

In the state of Florida, divorce is the end of a legal marriage. A divorce may be sought on two grounds. Either the marriage is irretrievably broken, or one of the parties has a mental incapacity. In some states, people can petition for a divorce based on adultery, abandonment, or domestic abuse. However, Florida does not require blame for filing a divorce.

The main differences between an annulment in the state of Florida and a divorce include the following:

• Duration: Some places in the state of Florida impose lengthy waiting periods before a divorce can be finalized. In contrast, an annulment–if qualified for–does not include as many lengthy legal proceedings and has the ability to not take as long to finalize.
• Complexity: Divorce cases can be complicated when decisions regarding child support, child custody, alimony, or the division of property and debt are taken into account. Annulments, on the other hand, typically allow the couple to revert to their pre-marriage status in terms of finances unless the court needs to make decisions on elements such as child support or custody.
• Scrutiny of Legal Grounds: In order for an annulment to be granted, the courts will review specific circumstances of the relationship and take a strict stance on determining whether or not there are legal grounds.
• Window of Opportunity: In terms of filing for divorce, a spouse may do so at any point in their marriage. When it comes to filing for an annulment, however, there are time constraints that can make the process more difficult or impossible altogether.

FAQs

Q: How Do I Know If an Annulment Is Right for Me?

A: If you are unsure whether an annulment or divorce is the right course of action to take in seeking the dissolution of your marriage, it is prudent to contact a divorce and family law attorney who can review your unique situation, needs, and interests, and help you decide which legal proceeding is correct for you.

Q: Can You Void a Marriage in Florida?

A: Yes, in the state of Florida, you can seek for your marriage to be considered void. You must be able to prove that the marriage should never have been allowed to take place and be established under existing laws. These existing laws might be ones that make it illegal for a marriage to exist in situations of bigamy or incest.

Q: How Much Does an Annulment Cost in Florida?

A: In the state of Florida, the common cost for a dissolution of a marriage or an annulment is around $400. However, it is important to keep in mind that this amount does not factor in any other legal court costs or the expenses incurred in hiring legal representation and counsel when seeking an annulment.

Q: Can I Still Seek Alimony in an Annulment in Florida?

A: No, in the state of Florida, when seeking an annulment, you are pursuing a legal void of your marriage or stating that it never legally existed in the first place. Thus, there are no marital assets or property to divide as the marriage is null and void. Instead, the individuals involved will leave the annulment with the property and assets they owned before the relationship began.

Contact a Trusted Florida Family Law Lawyer Today

If you are wondering if an annulment is the right course of action to take regarding the end of your alleged marriage, it’s time to talk to an experienced family law attorney who can help support you and guide you through these matters. Contact the team at Benzion Law today to schedule a free consultation and see how we might be of service to you.