Annulment allows people who are in invalid marriages to declare these contracts null and void as if they never happened.
If you want to annulment in Florida, the Tampa divorce attorneys at Quinn & Lynch, P.A. are here to help. Our skilled divorce attorneys have extensive experience handling annulment cases in Florida and can evaluate your ability to file for annulment. If eligible, we’ll help compile convincing evidence, file your petition, and provide you with support throughout the annulment process.
Call our Tampa family law attorneys at 813-223-7739 to schedule a free consultation.
What is an Annulment?
In legal terms, a marriage annulment is a legal procedure that declares a marriage null and void. The annulment declares that the marriage essentially never existed. Civil annulments are only granted under certain circumstances, such as a void marriage or voidable marriage.
Annulment vs. Divorce in Florida
While both a civil annulment and divorce end a marital relationship, they involve different legal processes. A divorce is a legal process that terminates a valid marriage. After a divorce is finalized, the marriage is ended, but is still recognized as having existed. Since Florida is a no-fault divorce state, there doesn’t need to be a wronged spouse in order to file for divorce.
In contrast, an annulment nullifies a marriage. The key difference here is that marriage must have never been valid to officially annul a marriage by law. Once the annulment process is complete, the annulled marriage is erased, and both parties return to their pre-marital relationship status.
In short, divorce dissolves a legal, valid marriage, while an annulment erases an invalid marriage. If a marriage cannot be officially annulled, the couple will likely have to go through a divorce proceeding to separate and end their marriage legally.
Can You Get an Annulment in Florida?
You can get an annulment in Florida, but only under specific circumstances. Marriage annulment is only granted when the marriage is considered legally invalid.
If you want your marriage annulled in Tampa, contact the divorce attorneys at Quinn & Lynch. Our dedicated attorneys can evaluate your annulment case and determine whether or not you are eligible. Our Tampa family law attorneys can walk you through the process of annulling your marriage, allowing you to start fresh.
Florida Law: Void Marriage vs. Voidable Marriage
Void marriages are marriages that are illegal in some way, making them invalid from the beginning. In Florida, void marriages involve bigamy, incest, two underage individuals, or an individual with a permanent mental handicap, making them unable to consent to the marriage.
Void marriages are inherently invalid, meaning that the two individuals were never married in the first place. Additionally, a void marriage cannot be reaffirmed by the actions of either party in the marriage.
Voidable marriages, on the other hand, are legally valid marriages but can be annulled at the discretion of one of the spouses. Voidable marriages usually occur on the grounds of wrongdoing by the other spouse. For example, if one spouse was pressured into signing their marriage license, the state will recognize the spouses as a married couple until at least one spouse files for annulment. From there, it becomes a voidable marriage.
Both void and voidable marriages are grounds for annulment, but void marriages may not require formal annulment to erase the marriage. Still, an annulment can ensure that the void or voidable marriage is definitively nullified, even if the void marriage was mistakenly recognized as valid.
Annulment Terms in Florida
In Florida, annulment is only allowed under certain circumstances. Below are the situations in which void and voidable marriages exist in Florida.
Bigamy
In Florida, one of the grounds for annulment is bigamy, which occurs when someone enters into a marriage while still legally married to another person. If someone discovers that their spouse is married to more than one person, they can see an annulment to nullify the marriage.
Lack of Ability to Consent to Being Legally Married
Another ground for annulment in Florida is when one or both spouses suffers from some type of mental incapacity. This may include situations where one party is mentally incapacitated, suffering from a temporary mental problem, or under the influence of drugs or alcohol at the time of the marriage ceremony.
If it can be proven that one spouse could not give their consent to marry the other person freely or that one or both spouses lacked the mental capacity to understand the nature of the marriage contract, an annulment may be granted by the court.
One Spouse is Underage
In Florida, if one spouse is underage at the time of the marriage ceremony, and the underage spouse did not receive parental consent to enter into the marriage, it can be grounds for annulment. Florida law states that individuals under the age of 16 are not legally capable of entering into marriage contracts, and individuals under the age of 18 need parental consent to be married.
Impotence
In family law, impotence refers to a person’s inability to consummate a marriage or an inability to participate in sexual relations with their spouse as the result of a physical or psychological condition. If one spouse cannot form a sexual relationship with their spouse and fails to disclose this to the other spouse beforehand, the other spouse can seek annulment.
Fraudulent Acts, Misrepresentations, or Jokes
Florida law allows someone to file for annulment if they were deceived by their spouse in order to trick them into getting married. If one spouse intentionally deceived the other regarding a major aspect of the marriage, such as their identity, wealth, or intentions, the deceived party may have grounds to seek an annulment. Additionally, if one or both spouses entered into the marriage as a result of a joke, they can have their marriage annulled.
Duress
Florida law also recognizes duress as grounds for annulment. If someone felt compelled to marry another person due to threats, intimidation, or extreme coercion, the affected party may seek to have the marriage annulled.
Alimony and Property Division Under Florida Annulment Law
In annulment cases, alimony and property division are typically handled differently compared to divorce proceedings. Since an annulment legally declares the marriage void or invalid from the start, the courts aim to restore the parties to their pre-marital status as best as possible. Alimony is generally not awarded in annulment cases, since the marriage is treated as if it never existed. Similarly, marital property can’t exist if the marriage never existed, so any shared property would return to its original owner.
Contact a Tampa alimony attorney or Tampa property division lawyer to learn more.
How to Get an Annulment in Florida
In order to get an annulment in Florida, you’ll need to file annulment papers with Florida’s circuit courts. From there, your spouse will need to either agree with the annulment petition or file a counterclaim for a dissolution of marriage.
If you want to have your marriage annulled, it’s important to reach out to a local divorce attorney. They can ensure that your annulment petition is filed correctly and can guide you through the process, providing you with legal guidance every step of the way.
Call Tampa Divorce Attorneys at Quinn & Lynch P.A. Today
If you believe you have grounds to file for a marriage annulment in Florida, contact the family law experts at Quinn & Lynch, P.A. today. Our attorneys can help determine your eligibility, help you file your annulment petition, and guide you through any annulment proceedings in your case. With our in-depth knowledge of Florida divorce law and our extensive experience in navigating Florida courts, we can provide you with the support you need to have your marriage successfully annulled.
Call us at 813-223-7739 or contact us online to schedule a free case evaluation with our family law attorneys.
