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Getting an Annulment in Florida

Blog 2017 July Getting an Annulment in Florida
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Getting an Annulment in Florida

Posted By Stepniak & Park || 19-Jul-2017

Annulments are frequently misunderstood, due to the way they are represented commonly in media. When it comes to the difference between divorce and an annulment, there is a very clear one. A divorce is the dissolution of a valid, existing marriage. In the eyes of the law, an annulment is a declaration that what was thought to be a marriage was never a valid marriage at all. When an annulment occurs, it’s as if the marriage had never existed at all.

In Florida, there are no laws that expressly provide for annulment, but the appellate courts of the state have issued binding decisions about annulment. These ruling have created a precedent for annulment over the years. Florida makes a difference between void marriages and voidable marriages. Void marriages were invalid from the beginning of the marriage, while voidable marriages may not have been invalid at the start. All void and voidable marriages can be annulled, but not all voidable marriages should be. If you are uncertain if you should file for an annulment, discuss your options with a qualified family law or divorce lawyer.

In Florida, grounds for an annulment include:

  • Void marriages due to bigamy, incest, both spouses are underage, or one spouse is unable to consent due to mental incapacity.
  • One spouse is underage and the marriage happened without parental consent.
  • One spouse was tricked into the marriage or one spouse gravely misrepresented themselves.
  • One spouse was coerced into the marriage.
  • The marriage was entered under the influence of drugs or alcohol.
  • One spouse is discovered to be physically disabled in a way that affects sexual activity or reproduction.

How to Get an Annulment in Florida

If you wish to get an annulment, you must get a court order, and the marriage must be void or voidable by one of the above reasons. When you file your petition for an annulment, you will need to explain why the marriage is void or voidable, and you will need to file with Florida’s circuit courts. These courts are the only courts in Florida able to grant an annulment.

When you file your petition and explanation for the grounds of annulment, your spouse has the option to serve a counterclaim, refuting your claims. If they are successful with their counterclaim, you will only be able to seek a divorce, rather than an annulment. Because Florida presumes that all marriages are valid, you will have the burden of proof to provide strong evidence to support your claims.

The Effects of an Annulment

Because an annulment varies from divorce, the effects of annulments can differ. Annulments mean that the marriage never existed, whereas divorces are the end of an existing marriage, so the way the end of marriage is handled between the two situations varies.

Children in a divorce are considered to be legitimate and paternity is not questioned. In a voidable marriage, children are also considered to be legitimate, and an annulment will not change their status. Void marriages, however, were never valid, and any children resulting from these marriages are not seen as legitimate. Regardless of the marriage’s status as void or voidable, the circuit court will make decisions regarding child custody, child support, and parenting plans.

Unlike divorces, annulments do not require a decision to be made regarding alimony. The court can make a decision to grant temporary support, known as support pendent lite. The courts may also require the more financially able spouse to help the poorer spouse pay their attorney fees. This is typically decided on a case by case basis, depending on the situation of the divorce. Permanent alimony is only awarded when it has been determined that one spouse was the victim of the other spouse’s wrongdoing.

In a divorce, property can be divided by the court is a couple cannot agree on the division. For annulments, the division of marital property is decided upon by the spouses, with minimal court interference. They should seek to restore themselves as closely as possible to the financial status they had before the marriage. Neither spouse would be able to inherit or assert property rights after the annulment.

Filing for an annulment can be difficult. If you need help obtaining an end to your marriage, our Daytona Beach divorce attorneys are here to help. We can help you decide your best options, file your petition, and defend your reasons for seeking an annulment. At Law Offices of Robert Stepniak, we are committed to protecting our clients’ rights. With more than 35 years of combined experience, we have the skill and know-how to help you achieve the best outcome possible for your case.

Contact our offices by calling (386) 253-4750 to request your free consultation.

Categories: Family Law, Divorce

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