If you’re wondering how to get an annulment in Florida, this article is for you! Find out more about the grounds for annulment and how the process works.
What is an Annulment?
Annulments and divorces are similar in that they usually declare whether a marriage should be valid from a legal standpoint. But what separates them is that divorce ends an existing marital relationship, whereas annulment simply declares that what everyone thought was a marriage was never a marriage.
Florida law doesn’t explicitly cover annulment, but Florida’s appellate courts have issued precedent decisions over the years. These precedents constitute Florida’s annulment law, and while obtaining an annulment in Florida can be challenging, it is not impossible. Here are a few details to know.
Grounds for Filing for an Annulment
Florida distinguishes between “void” marriages (marriages that were invalid from the start) and “voidable” marriages (marriages that were thought to be valid at the beginning).
The grounds for annulment include the following:
- A marriage is voidable if bigamy or incest are involved or if one spouse is permanently mentally incapacitated.
- If one spouse is deemed incapable of consenting to marriage (for example, if a spouse was in an accident, had a mental disorder, or was intoxicated), they can void the marriage.
- One spouse used fraudulent acts or misrepresentations when entering the marriage. Not all misrepresentations qualify for an annulment. For example, if one spouse was seriously ill, that marriage wouldn’t qualify. On the other hand, if one spouse had no intent to live with the other spouse as a married couple, the marriage could be voidable.
- The marriage is voidable if one or both spouses entered into the marriage through extreme coercion or force.
- The marriage is null or void if an underage spouse entered the marriage without the consent of a parent or guardian.
- One spouse is impotent and the other was unaware of it at the time of marriage.
- One or both spouses entered the marriage as a joke.
How to Get an Annulment in Florida?
A court order is needed to annul a voidable marriage legally. Therefore, it’s advised to get a court order to annul it. Annulment documents must be filed in Florida’s circuit courts.
You’ll need to file and serve a petition for annulment to be granted to initiate a divorce. File the petition if you think the marriage is void or voidable, and explain why in your petition. If the other party disagrees with your reasons, they have the right to file and serve a counterclaim for dissolution of marriage. The court will ultimately grant you a divorce rather than an annulment if the defendant’s counterclaim succeeds.
Furthermore, Florida presumes that marriages are valid and legal. Therefore, a person seeking an annulment must provide evidence supporting their claim. Because of these decisions’ implications on financial and custodial aspects, it is advised to speak to a lawyer before proceeding.
What is the Effect of an Annulment on Alimony and Division of Property?
Florida annulment law allows one spouse to receive temporary alimony. Judges may also require the spouse with greater means to contribute to the poorer spouse’s attorney fees.
Conversely, neither former partner can claim property rights when an annulment is granted. This is because the court will not divide property as it would in divorce. Instead, the couple has to divide their property without help from the court to restore their pre-marital financial statuses.
In Florida, there is a precedent for awarding permanent alimony and attorney fees as a matter of equity in annulment cases if the spouse asking for annulment is “an innocent victim” of their spouse’s wrongdoing.
Want To Start The Process Of Settling Your Marriage? Contact us at Farber Law, P.A.
Need to learn more about how to get an annulment in Florida? Proper legal representation is crucial if you want to protect your rights. At Farber Law, P.A., we can help guide you through the process and provide the support you need to reach a successful resolution. Contact us today at 305-520-9205 to get started!
About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated in divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
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