Michele A. Lebron | March 18, 2025 | Family Law Blog
Do you want to dissolve your marriage? If so, Florida has two legal procedures for ending a marriage. You can divorce your spouse, or you can annul your marriage. If your marriage qualifies for annulment in Florida, you can effectively “erase” your marriage in addition to dissolving the marriage.
What Is an Annulment in Florida?
A divorce is the legal process of ending a marriage. The process involves dissolving the marriage and resolving matters related to the marriage, including property division, alimony, and child custody.
An annulment is the process of voiding the marriage. The annulment ends the marriage union, but it also means that the marriage never existed, at least in the eyes of the state.
What Do You Need to Prove for Your Marriage to be Annulled in Florida?
Florida has two grounds for divorce. You can allege that your spouse is mentally incapacitated or that the marriage is irretrievably broken. Most Florida divorces are granted on the no-fault grounds of irreconcilable differences.
The grounds for annulment are different from a divorce. Some marriages were never legal because they violated a specific law. Those marriages are unlawful based on statutory grounds, such as bigamy.
Other marriages may be voidable because of the specific circumstances surrounding the marriage, such as fraud or failure to consummate the marriage. One or both spouses must challenge the marriage and prove one of the legal grounds for annulment.
Grounds for an annulment in Florida include:
- Fraud – A spouse knowingly and intentionally made material misrepresentations to deceive the other spouse
- Incest – The spouses are too closely related by blood.
- Bigamy – It is illegal for someone to be married to two or more people at the same time.
- Duress – A person was forced into marrying someone by threat of physical or other harm.
- Impotence – A spouse conceals their inability to conceive a child or engage in sexual intercourse.
- Denial of Marital Rights – A spouse refuses to live with and/or have sexual relations with their spouse.
- Minors – A person under 18 years old cannot legally obtain a marriage license unless they are at least 17 years old and have permission from a parent or legal guardian. The other party cannot be more than two years older or younger.
- Insanity – A spouse did not have the mental capacity to consent to and/or understand they were getting married.
You must have a court order for an annulment. Therefore, a spouse must petition the court alleging that the marriage is void or voidable to begin the annulment process. The other spouse is served with the annulment papers.
The spouse asking for an annulment has the burden of proving the marriage is void on statutory grounds or qualifies for an annulment on other grounds. The other spouse may challenge the annulment. Instead, they may allege that the court should grant a divorce.
There are reasons why a person may want a divorce instead of an annulment and vice versa.
Reasons for Petitioning for an Annulment of a Divorce
A person may want to end their marriage through annulment instead of divorce for many reasons. Common reasons to seek an annulment instead of a divorce include:
- Religious beliefs preventing divorces
- The marriage was void for statutory reasons
- Protect the interests of a minor who entered marriage unlawfully
- Avoid dividing assets or becoming responsible for a spouse’s debts
- Protect retirement and insurance benefits from claims of a former spouse
- Avoid spousal support and alimony
Because an annulment voids the marriage as if it never existed, an annulment can have different impacts on matters related to a divorce.
What Impact Does an Annulment Have on Custody, Support, and Property Division?
Because the marriage never existed, there is no marital property for property division. Likewise, spousal support and alimony are not an issue. It is extremely rare for a court to order alimony in an annulment.
However, child support and child custody are treated the same in an annulment as they are in a divorce. Even when a marriage is annulled, parents are legally obligated to support their children. Therefore, the courts order child support based on the Florida child support guidelines.
The parties are encouraged to develop a parenting plan that works best for their family. If parents cannot agree on custody and a time-sharing agreement, the court makes the decision for them based on the best interest of the child.
Learn More by Calling Our Divorce Lawyers in Kissimmee, FL
Whether you need to seek a divorce or annulment in Florida, you benefit from having sound legal advice and representation. Call Lebron Law, PLLC, for a confidential consultation with a Kissimmee divorce lawyer.
Decisions can be overwhelming. You don’t have to face them alone. At Lebron Law, PLLC, we understand the intricacies of Florida family law. We are committed to protecting your rights and your child’s well-being. Whether you’re modifying a parenting plan, seeking modifications, or addressing disputes, we’re here to assist you at (321) 463-3222.
Contact Lebron Law, PLLC today for a consultation, and let us guide you through this challenging process.
We serve all through Osceola County and its surrounding areas in Florida. Visit our office at:
Lebron Law, PLLC
15 S Orlando Ave, Kissimmee, FL 34741
(321) 463-3222
