The January 8, 2025 decision in Rojas v. Londono from the District Court of Appeal of Florida, Third Districtreinforces a principle Florida courts have applied consistently for decades: annulment is not a substitute for divorce. When a marriage is validly entered, it will not be undone absent clear pleading and proof of legally recognized grounds. Allegations of non-consummation or immigration fraud, without credible evidence, are not enough.
For anyone attempting to invalidate a marriage rather than dissolve it, this case is a cautionary example. A Tampa divorce lawyer reviewing this opinion would immediately recognize how high the bar remains for annulment and how reluctant appellate courts are to disturb trial-court credibility findings.
This article explains the facts, the legal framework for annulment in Florida, the Third District’s reasoning, and what Rojas v. Londono means for contested family law cases across the state.
The Case at a Glance
Carlos Ernesto Rojas sought an annulment of his marriage to Carolina Mejia Londono. Rather than filing for divorce, the Husband argued the marriage should be declared void because it was never consummated and because the Wife allegedly married him solely to obtain immigration benefits.
The trial court denied the petition for annulment. The Husband appealed. The Third District affirmed, finding ample evidence supporting the trial court’s conclusions that the marriage was consummated and that no fraud occurred.
For litigants considering annulment, a Tampa divorce lawyer would view this outcome as predictable under Florida law.
Annulment Versus Divorce in Florida
Florida recognizes annulment only in narrow circumstances. A marriage that is validly contracted will remain valid unless one party proves a recognized ground for annulment. Unlike divorce, which ends a valid marriage, annulment treats the marriage as though it never legally existed.
Florida courts have repeatedly emphasized that annulment is an extraordinary remedy. When the evidence shows a valid marriage contract, courts expect dissolution by divorce, not annulment.
A Tampa divorce lawyer typically advises clients that annulment cases are harder to prove than divorce cases and require specific factual and legal support.
The Husband’s Arguments on Appeal
On appeal, the Husband advanced two primary theories:
First, he claimed the marriage was never consummated.
Second, he alleged the Wife committed fraud by marrying him solely for immigration benefits.
These arguments are common in annulment cases, particularly when relationships deteriorate quickly after marriage. But Florida law requires more than suspicion or post-marriage regret.
Consummation: A Question of Fact
Whether a marriage was consummated is a factual determination for the trial court. Appellate courts do not reweigh evidence or second-guess credibility findings when the record contains competent evidence supporting the trial court’s conclusion.
In Rojas v. Londono, the record contained evidence that the parties consummated the marriage. The Third District emphasized that the existence of such evidence was enough to affirm the trial court’s ruling.
For a Tampa divorce lawyer, this aspect of the case underscores a recurring theme in appellate practice. Credibility determinations live and die at the trial level. Once a judge resolves disputed facts, reversal is unlikely unless the record is devoid of supporting evidence.
Alleged Immigration Fraud and the Burden of Proof
The Husband also claimed the Wife married him solely to obtain immigration benefits. Fraud can be a recognized ground for annulment, but only if it goes to the essence of the marriage and is supported by proof.
Florida courts require clear evidence that a spouse entered the marriage with fraudulent intent and without intent to fulfill marital obligations. Mere allegations, suspicions, or post-marriage conflicts are not enough.
In this case, the Third District found the record supported the trial court’s finding that the Wife did not enter the marriage to commit fraud. Without proof of fraudulent intent at the time of marriage, the annulment claim failed.
A Tampa divorce lawyer would view this holding as consistent with long-standing Florida precedent that disfavors annulment based on speculative claims of motive.
Preservation Matters in Annulment Appeals
The opinion also references the importance of preservation. Challenges to the sufficiency of trial-court findings must be raised in a motion for rehearing to be preserved for appeal.
This procedural reminder mirrors recent Florida Supreme Court guidance. Even in emotionally charged annulment cases, appellate courts enforce procedural rules strictly.
A Tampa divorce lawyer handling annulment litigation must therefore think about preservation early, not after the final judgment is entered.
Why the Third District Affirmed
The Third District affirmed the denial of annulment for a simple reason. The record supported the trial court’s findings. Evidence showed the marriage was consummated. Evidence supported the conclusion that the Wife did not commit fraud.
When a marriage is validly contracted and no recognized ground for annulment is proven, Florida law requires the marriage to stand. Dissolution, not annulment, is the proper legal remedy.
This principle traces back decades and was reaffirmed again in Rojas v. Londono.
Practical Implications for Florida Family Law Cases
The decision has several practical implications:
Annulment remains a narrow remedy.
Trial-court credibility findings carry enormous weight on appeal.
Allegations of immigration fraud require concrete proof, not inference.
Failure to preserve issues can end an appeal before it begins.
A Tampa divorce lawyer counseling clients who believe their marriage was fraudulent must carefully evaluate whether the facts truly meet Florida’s annulment standards.
Annulment Strategy Versus Divorce Strategy
Clients sometimes pursue annulment to avoid alimony, equitable distribution, or other consequences of divorce. Rojas v. Londono illustrates the risk of that approach.
If annulment fails, the marriage remains valid. The parties may still need to litigate divorce, often after additional expense and delay.
A Tampa divorce lawyer may advise that, absent compelling evidence of fraud or invalidity, divorce is the more realistic and efficient legal path.
The Broader Message From Rojas v. Londono
Florida appellate courts continue to protect the stability of marriage contracts. Courts will not erase a marriage lightly. When parties exchange vows in a legally valid ceremony, they carry a heavy burden if they later ask a court to declare that marriage void.
For family law practitioners, the case reinforces predictability. Annulment law in Florida remains narrow, evidence-driven, and resistant to expansion.
Frequently Asked Questions
What is the difference between annulment and divorce in Florida?
Annulment declares a marriage void or voidable, as if it never existed. Divorce ends a valid marriage.
Is lack of consummation enough for annulment?
Not by itself. Consummation is a factual issue, and lack of consummation alone does not automatically justify annulment.
Can marriage for immigration benefits be grounds for annulment?
Only if there is clear proof of fraudulent intent at the time of marriage that goes to the essence of the marital relationship.
Why are annulments difficult to obtain?
Florida law favors the validity of marriage contracts and limits annulment to recognized, narrowly defined grounds.
Does the trial court’s credibility finding matter on appeal?
Yes. Appellate courts defer heavily to trial-court credibility determinations when supported by evidence.
When should someone consult a Tampa divorce lawyer about annulment?
As early as possible, to evaluate whether the facts truly support an annulment or whether divorce is the appropriate remedy.
Talk With a Tampa Divorce Lawyer About Annulment or Divorce Options
If you are questioning the validity of your marriage or considering whether annulment is appropriate, speaking with a Tampa divorce lawyer can help you assess the evidence, the risks, and the most effective legal strategy. Annulment is possible in Florida, but Rojas v. Londono shows it is not easily obtained without clear proof.
Divorce can be complex even in straightforward cases. McKinney Law Group provides Tampa clients with organized legal support designed to protect rights and reduce unnecessary conflict.
Call 813-428-3400 to speak with our team.
Written by Damien McKinney, Founding Partner
Damien McKinney is the Founding Partner of The McKinney Law Group, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.