Unlike some other states, Florida does not have laws that explicitly address annulment. However, over the years, appellate courts have issued binding decisions regarding marriage annulment, known as “precedent” that constitute the state’s annulment law.
Though it is difficult and unusual, it is possible to get an annulment in Florida. It’s important to note, however, that Florida does make a distinction between voidable marriages – or those not necessarily invalid from the beginning – and void marriages – unions that were invalid from the start.
Situations that Qualify
Like divorces, annulments make a determination about a couple’s marital status. There is, however, one key difference – divorce is used to end an existing, valid union, whereas an annulment declares that the marriage was never actually a valid marriage at all. From a legal perspective, a marriage annulment essentially means that the marriage never really happened.
Depending on the circumstances surrounding the end of your marriage, you may be eligible to file for an annulment, especially if your union involves:
- Underage people
- A spouse who is permanently mentally incapacitated or unable to consent to marriage
Although these marriages, by nature, are considered to be void, it is still in your best interest to obtain an annulment in these situations.
A marriage may also be considered voidable in cases involving fraudulent acts or other misrepresentations that are meant to trick a spouse into entering a marital union. However, not all misrepresentations qualify for annulment.
For example, a spouse lying about disease would not be a basis for annulment. But if one spouse never truly had any intention of living with the other spouse as a married couple, it would be possible to obtain an annulment.
In order to be granted an annulment, a court must issue an order stemming from a divorce petition. If the other spouse does not agree with the petition, they have the right to file and counterclaim for the dissolution of marriage. The state presumes that all marriages are legal and valid, so an individual seeking an annulment will need to provide strong evidence to support the claim.
If you or someone you know are considering a marriage annulment, it is important that you contact an attorney specializing in family law as soon as possible.
Annulment Attorneys in Florida
That’s where our highly skilled legal specialists at Anton Legal Group come in. Our firm specializes in family law-related matters, including cases involving divorce and marriage annulment. Though these types of cases are not as common, our firm has assisted clients in successfully obtaining annulment orders and can provide you with the sound legal expertise you are looking for during this difficult time.
Our team is committed to knowing the latest laws and statutes for all aspects of family law, and can help you apply it to your case.
Dealing with the end of a marriage is never easy, but there are legal resources available to you. To speak with a member of our family law team regarding your divorce or annulment, we invite you to call Anton Legal Group today at (813) 443-5249 to schedule a preliminary consultation to assess your case.