Can I Get My Marriage Annulled in Florida?

As a no-fault divorce state, Florida allows any married person to seek a divorce based on the fact that their marriage is “irretrievably broken.” But what about an annulment? Can you seek to have the entire marriage declared void? And is there a legal benefit to pursuing annulment instead of divorce?

What Is an Annulment?

In contrast to a divorce, which is where a court dissolves an existing marriage, an annulment is a legal declaration that no valid marriage existed in the first place. Unlike many other states, Florida has no specific statute providing for annulments. But Florida courts have exercised their equitable powers to grant annulments when circumstances justify them.

What Are the Grounds for Annulment?

A party seeking annulment of a marriage must show how their marriage was either void or voidable. A void marriage is one that was invalid from the outset. A voidable marriage means there is some defect that allows one or both parties to challenge the existence of the marriage.

Basically, if you can show the marriage is void, a court pretty much has to grant an annulment. But with a voidable marriage, there is some discretion on the court’s part. Here are a couple of hypothetical examples:

• Joe married Susan. But Susan later learned that Joe was married to another woman, Phoebe, in another state and they never obtained a legal divorce. Joe and Susan’s marriage is therefore void due to Joe’s bigamy.
• Henry and Lucy got married while both of them were intoxicated to the point where neither could not meaningfully understand or consent to marriage. This marriage is voidable in that either party could seek an annulment due to lack of capacity.

In the case of a voidable marriage, a Florida court will look at whether the parties consummated (engaged in sexual relations) after the alleged marriage took place. For instance, if Henry and Lucy engaged in a sexual relationship for several weeks after they sobered up, a judge would likely decide they “ratified” their drunken decision to get married. Of course, they could still seek to dissolve their marriage through divorce.

Legal Effects of a Florida Annulment

In practical terms, an annulment means that neither party can assert any rights in the property of the other. So unlike a divorce, where a Florida court must effect an “equitable distribution” of marital property, in an annulment it would largely be left to the couple to split up anything they acquire during their relationship. And generally speaking, neither party would be entitled to seek alimony, although there have been exceptions in Florida. That said, if the couple has any minor children, a court would still need to be involved with respect to establishing child custody and child support arrangements, but it would be no different than any other situation involving unmarried parents.

Finally, it is important to note that civil annulment is a separate matter from religious annulment. For example, the Roman Catholic Church requires a member seeking to invalidate their marriage to obtain a “declaration of nullity” from a church tribunal before they can marry someone else in a Catholic Church. But you do not need a civil annulment to obtain a religious annulment, or vice versa.

Contact a Port St. Lucie Annulment Lawyer Today

If you think you might have grounds for annulling your marriage, it is important to seek out competent legal advice before taking action. Our Port St. Lucie annulment lawyers can review your case and explain your options. Contact Baginski Brandt & Brandt today at 772-466-0707 to schedule a confidential consultation.