Annulment in Florida
Florida Annulment Law
Florida’s annulment law dictates that once you are in a legal marriage, the union can only be dissolved by death or through a court order. The court has the power to terminate your marriage by issuing a divorce or through annulment in Florida. In a divorce case, the court dissolves the marriage, but in an annulment, the marriage becomes void, i.e., it never existed, to begin with.
A divorce is granted due to irreconcilable differences. However, an annulment is granted when the judge deems the marriage invalid. It can only happen if there is a flaw in how the marriage was formed. If the marriage was legal, your only route to separation from your spouse would be through a divorce.
If you need more information on annulment or need to annul your marriage, get in touch with a lawyer at Mario, Gunde, Peters & Kelley today.
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What Is an Annulment?
An annulment is a legal ruling in which the court declares your marriage to be legally void, i.e., it never existed legally. It allows the involved parties to return to their single status. In Florida, the requirement for legal marriage is a valid marriage license issued by the Florida county court. The law also requires you to have a ceremony by an authorized official to make the marriage legal. If you fail to do so, the court can deem your marriage void.
There is no alimony or asset division in Florida annulments, unlike a divorce. Under Florida law, marriages that involve incest or bigamy are void. Similarly, marriages obtained by duress, fraud, or temporary insanity are voidable and invalid. A void marriage is essentially one that should not have been formed under the existing law, while a voidable marriage has grounds to exist initially but can be nullified upon the aforementioned discoveries.
How to Seek an Annulment in Florida
Florida has no specific statute to govern annulments. This means that judges refer to case law to determine if an annulment is appropriate or not. If you find a previous annulment case with similar circumstances, you can use it as evidence to sway the judge. Florida allows either spouse to file for annulment.
With that said, here are some grounds on which you can annul a marriage:
- Marriage formed under duress
- A union based on a lie or fraud
- The death of one of the parties involved
- Either of the partners was already married at the time of the marriage
- The court can justify other reasons as well
Get a Free Consultation Regarding Your Annulment Situation
If you are not sure on what grounds you can annul a marriage, reach out to Mario Gunde Peters & Kelley for expert guidance. Our attorneys are well-versed in all types of annulment and divorce cases. We will assess your specific circumstances and provide you with sound legal advice to make an informed decision. If you can qualify for an annulment, we will draft the paperwork and expedite your case via court if needed. If an annulment in Florida is not possible for your case, we can also provide you with divorce guidance as required.
