An annulment is a legal word for dissolving a marriage that was never valid from the start. In Florida, there is no explicit statute regarding annulments. Instead, judges apply common law (laws based on earlier court decisions) to determine whether a marriage can be discontinued.
As reported by the Florida Department of Health, approximately 139,972 marriages were recorded in Florida in 2021. Though not officially recorded, annulments are also not as prevalent as divorces in number.
In the guide, we will look at what qualifies as an invalid marriage or annulment in the state of Florida!
Why Would Someone Want an Annulment?
An annulment may be sought for several reasons. Perhaps one discovered something shocking about their spouse after the wedding. Alternatively, they may have been intoxicated at the wedding when they did not even know what they were doing. Whatever the reason, Florida only allows annulments in very specific situations.
When Can You Get an Annulment in Florida?
Let’s look at the reasons Florida might consider a marriage invalid:
1. Marriages That Are Automatically Void
Some marriages are considered invalid right from the start. Here are some examples:
- Bigamy: This is when a person accepts another person in wedlock while still being married to their spouse. This is not allowed in the state of Florida.
- Incest: Marriages between these two people are invalid if they are closely related by blood or by marriage.
- Underage Marriage: If both people getting married are under the legal age, they can’t give proper consent.
- Permanent Mental Incapacity: If one person has a permanent type of a mental disorder that will not allow them to comprehend what marriage entails, their consent cannot be legally accorded.
Although these marriages are considered invalid automatically, it would always be better to get an official annulment done in court.
2. Marriages That Can Be Voided
Few marriages can start out by being valid but eventually due to problems can make them invalid. Here are some situations where this can happen:
- Temporary Mental Issues: If one person was drunk or had a temporary mental problem during the wedding, they might not have been able to truly agree to get married.
- Impotence: If one person can’t have intercourse and their partner didn’t know this before the wedding, it could be grounds for an annulment.
- Fraud or Trickery: An annulment may be appropriate if one party misled the other about a material fact in order to fool the other into becoming married. For instance, it might be acceptable if someone got married solely to get a green card.
- Underage Marriage Without Permission: A marriage may be dissolved if one of the parties was underage and did not obtain consent from their parents or guardians to be married.
- Forced Marriage: If someone was forced or pressured into getting married, that’s not okay. But they’d need to prove they were under extreme pressure at the time of the wedding.
- Joke Marriage: Believe it or not, if people get married as a joke, that marriage can be annulled.
Important Things to Remember
- You may lose your opportunity for an annulment if you discover that your spouse deceived you and you continue to have intercourse with them even after discovering the truth.
- Courts take marriage seriously. They don’t like to undo marriages unless there’s a really good reason. As one court case (Sack v. Sack, 184 So. 2d 434, Fla. 1966) put it, marriages should only be annulled when there’s clear proof that the marriage wasn’t real or the couple never lived together as spouses.
- It can be difficult to obtain an annulment – that is not a divorce. In this case, you have to substantiate why there was a significant issue right from the time of marriage.
Annulment vs. Divorce: What’s the Difference?
Annulment and divorce might seem similar, but they’re actually different:
Annulment
This is a legal statement to the effect that the marriage was never valid in the least. It is like deleting marriage from existence.
Divorce
It refers to the termination of a lawful marriage. It acknowledges the fact that the couple were once married, but this is no longer the case.
In Florida, it’s often easier to get a divorce than an annulment because you don’t have to prove anything was wrong with the marriage from the start. You only have to state the fact that the marriage is “irretrievably broken.”
Getting Help with Annulment in Florida
If you are in Florida and you want to go in for an annulment, you should in most cases consult a family lawyer. They help you to decide whether or not you qualify for an annulment and guide you through the process.
We at the Affordable Divorce Centre understand how difficult and stressful it can be handling marital problems. Whether you’re thinking about seeking a divorce or an annulment, our Stuart, Florida lawyers are committed to guiding you through the process and helping you make informed decisions.
To Wrap Up…
Remember, each circumstance is unique. If you are considering an annulment in Florida, you should speak with a legal specialist who can provide counsel customized to your situation.
Related Questions
1. How long do I have to get an annulment in Florida?
Annulments in Florida do not have a time limitation. However, if there are special circumstances that can support an annulment, then, it is better to act quickly.
2. Can I get alimony if my marriage is annulled?
Not usually, as annulment actually erases the marriage in a legal process so alimony is less likely to be granted.
3. What happens to property we bought together if we get an annulment?
Unlike in a divorce, there’s no automatic property division in an annulment. The court will try to return both parties to their financial state before the marriage.
4. If we have children, does an annulment affect their legitimacy?
Children born during an annulled marriage are still regarded as legitimate in Florida.
