A divorce ends a marriage that the law recognizes as valid. An annulment establishes that the marriage was never valid in the first place. Once a court grants an annulment, the law treats the relationship as though it never existed. Although that distinction appears straightforward, annulments are more difficult to obtain in Florida than many people expect, and they apply to a narrow set of circumstances. Anyone deciding between the two options should consult a Tampa annulment lawyer before filing.
Florida Has No Annulment Statute
Most family law questions in Florida are governed by statute. Annulment is an exception. No statute lists the grounds or sets out the procedure, so courts rely on decades of judicial decisions to resolve each case on its facts. As a result, outcomes are less predictable than in a standard dissolution, and the burden rests on the party requesting the annulment. Florida presumes that a marriage is valid, so the petitioner must prove that it should not stand.
Void Versus Voidable Marriages
Florida divides invalid marriages into two categories.
A void marriage was never legally permissible. Bigamy is the classic example, in which one spouse was already married to another person. Incest is another, because Florida law prohibits marriage between close relatives. A void marriage is invalid on its own, although parties often still file for an annulment to obtain a clear court record.
A voidable marriage appeared valid when it began, but a later discovery gives the court grounds to set it aside. Common grounds include fraud that goes to the essence of the marriage, duress or coercion at the ceremony, and a lack of capacity to consent due to mental incapacity or intoxication. A refusal or inability to consummate the marriage may also qualify. Not every misrepresentation qualifies. The fraud must concern something fundamental to the marriage, such as marrying solely to obtain immigration status.
One important limitation applies to voidable marriages. If the parties continue to live together after learning the relevant facts, a court may find that they ratified the marriage and waived the right to annul it. Timing is therefore significant.
What an Annulment Does and Does Not Do
Because an annulment treats the marriage as though it never existed, Florida courts generally do not divide property or award alimony as they would in a divorce. Each party ordinarily retains the property he or she brought into the relationship. In rare cases a court has awarded support on equitable grounds, but that result is the exception rather than the rule.
Children are treated differently. A child born during an annulled marriage remains legitimate, and the standard rules for child custody and support still apply, as they would in any case involving parents.
How to File, and When Divorce Is the Better Path
An annulment begins with a petition filed in the circuit court for the county where you or your spouse resides, followed by proof of the grounds. If the matter is contested, a hearing will likely be necessary. For many people who initially consider an annulment, a standard dissolution of marriage proves faster and more certain, because the grounds are easier to establish. A typical divorce handled in Clearwater follows an established process that the courts apply routinely.
A Tampa family lawyer at The McKinney Law Group can assess your situation candidly and advise whether an annulment is realistic or whether divorce is the more direct route. Contact our office to schedule a consultation.