Marriage Annulment in Florida – Jacksonville Family Lawyers
Experienced Family Law Attorneys for Annulments in Duval County
An annulment is a legal process that declares a marriage invalid from the start, as if it never legally existed. Unlike divorce, it applies only in specific situations where the marriage itself was never legally valid.
Florida courts may grant an annulment based on grounds like fraud, duress, bigamy, lack of consent, or mental incapacity.
Our team at Sasso Guerrero & Henderlite can assess your situation, explain whether annulment is possible, and guide you through each legal step.
If you’re seeking an annulment, contact our expert family lawyers to help you handle your marriage annulment in Florida. Call (904) 619-1386 to consult with a Jacksonville marriage annulment attorney today.
What Is a Marriage Annulment in Florida Law?
A marriage annulment is a court ruling that the marriage was never legally valid. In Florida, this means the union lacked the legal foundation to be recognized and is treated as if it never happened.
Annulments apply only in specific cases where something essential to a lawful marriage was missing from the start.
People often pursue annulment for reasons like fraud, duress, lack of consent, or religious beliefs. It’s also common in cases involving bigamy, mental incapacity, or underage marriage without parental approval.
In these cases, annulment offers a legal solution that better reflects the nature of the relationship than divorce.
How is an annulment different from a divorce?
Unlike divorce, which ends a valid marriage, an annulment erases it entirely. There is usually no division of marital assets, no spousal support, and different legal standards apply.
Annulments often involve more complex legal arguments and must be supported by clear evidence of invalidity.
Grounds for Annulment in Florida
Void vs. Voidable Marriages
In Florida, a void marriage is never valid under the law – for example, if it involves bigamy or incest. A voidable marriage appears valid but can be annulled due to specific legal defects, like fraud or lack of consent.
Courts handle each type differently, and the legal path depends on how the marriage is classified.
Common Legal Grounds
Annulments may be granted if the marriage falls under one or more of the following legal grounds:
- Lack of consent or mental incapacity at the time of the marriage
- Fraud or misrepresentation that materially affected the decision to marry
- Duress or force, including coercion or threats
- Bigamy, where one party was already legally married
- Incest, involving close blood relatives
- Underage spouse without required parental or judicial consent
These issues must be proven with supporting evidence in Florida family court.
Less Common Grounds
Annulment may be possible if one partner concealed impotence. A refusal to live together or have sex may count as denial of marital rights. Intoxication or mental illness at the time of marriage may also justify annulment.
Why Choose Sasso Guerrero & Henderlite for Your Annulment
At Sasso Guerrero & Henderlite, our team brings extensive experience handling annulment cases across Duval County and the surrounding areas.
We understand how local judges evaluate these matters and tailor our legal strategies to the expectations of Florida family courts.
We’re also proud to be the only Jacksonville law firm with three board-certified marital and family law attorneys – the highest level of specialization recognized by the Florida Bar, which reflects our deep knowledge and proven results in divorce and family law.
If you’re considering an annulment, contact our Jacksonville divorce and annulment attorneys today. We offer confidential consultations and personalized guidance every step of the way.
Florida Annulment Process
Petition Requirements
To start an annulment, you must file a petition with the family court in your county. The petition should include the grounds for annulment, background information about the marriage, and any facts supporting your claim, such as fraud, duress, or incapacity.
If there are children or shared property involved, those details must also be disclosed.
Timeline and Legal Deadlines
Annulments must be pursued promptly. Waiting too long may lead the court to view the marriage as valid, forcing you to file for divorce instead. There is no official deadline, but delays can work against you.
What the Court Considers
Florida has no specific statute for annulment. Instead, judges rely on case law, supporting evidence, and the unique facts of your situation. Strong documentation and clear legal grounds are essential for a successful petition.
An experienced family law attorney can help present your case clearly and effectively in court.
Legal Consequences of an Annulment
Property Division
In a Florida annulment, there are no marital assets to divide. Since the marriage is treated as if it never existed, each party typically keeps the property they owned before the relationship.
Alimony
Alimony is rarely awarded in annulment cases. However, in rare situations – such as a long-term relationship where one spouse was deceived or harmed – the court may grant support to avoid an unfair outcome.
Child-Related Issues
Even if the marriage is annulled, parental responsibilities remain. Florida courts will still address issues like child custody, time-sharing, and child support to protect the child’s best interests.
Parents must follow the same legal process as in divorce to resolve these matters. Our expert Jacksonville child custody attorneys can help you resolve any time-sharing disputes.
Annulment vs Divorce in Florida
In most cases, couples must pursue divorce, as their marriage is legally valid under Florida law. Annulment applies only in rare situations where the marriage was never valid to begin with.
Legal Standards
Annulments require stronger evidence than a typical no-fault divorce. You must prove specific legal grounds, such as fraud or incapacity, to succeed.
Strategic Considerations
When deciding between annulment and divorce, consider the cost, court time, and your eligibility. Annulment may offer a cleaner legal break, but divorce is often more practical and accessible for most couples.
If you’re not sure which strategy fits your circumstances better, talk to our divorce lawyers in Jacksonville at any of our three offices and we can help you decide on a strategy.
Do I Qualify for an Annulment?
To determine your eligibility for a marriage annulment, ask:
- Was there valid consent from both parties?
- Did fraud or deception influence the decision to marry?
- Was the marriage consummated or legally ratified afterward?
If the answer to any of these questions is yes, it may be difficult to determine legal grounds for an annulment.
When to Consider Divorce Instead
If the issue is regret, incompatibility, or the marriage simply didn’t last, an annulment likely won’t apply. These are not legal grounds – divorce would be the proper option in such cases.
An experienced Jacksonville family lawyer can review your situation and advise if annulment is possible. Each case depends on facts, timing, and Florida’s specific legal requirements.
Talk to a Jacksonville Annulment Lawyer Today
Annulments can be complex, fact-specific, and time-sensitive under Florida law. At Sasso Guerrero & Henderlite, our attorneys will review your case, explain your legal options, and help you navigate the annulment or divorce process from start to finish.
We approach every situation with professionalism, discretion, and a deep understanding of Florida family law.
If you believe your marriage may be invalid, don’t wait. Call (904) 619-1386 to schedule a confidential consultation with an expert Jacksonville annulment lawyer.
FAQ About Florida Annulments
What is the difference between annulment and divorce?
An annulment declares that the marriage was never legally valid, while a divorce ends a legally recognized marriage. Annulments treat the marriage as if it never existed.
How long do I have to file for an annulment in Florida?
There’s no official time limit, but acting quickly is critical. Courts may deny annulments if too much time passes, especially if the marriage was consummated.
Can I get an annulment for fraud or deception?
Yes, if the fraud involves a material misrepresentation that affected your decision to marry.
What if my spouse was married to someone else?
If your spouse was already married, that’s bigamy, and the marriage is considered void under Florida law.
Do I need a lawyer to file for annulment?
You’re not required to have one, but a family law attorney can help build a stronger case and avoid delays.
What if my spouse won’t agree to the annulment?
The court can still grant an annulment if your legal grounds are valid, even without the other party’s agreement.
Can I get spousal support if the marriage is annulled?
Spousal support is rare, but may be awarded in exceptional cases.
Will annulment affect child custody or support?
No. Custody, time-sharing, and child support are handled the same as in divorce cases.