How to Get an Annulment in Florida

A divorce ends a marriage that was legally valid. An annulment says the marriage was never legally valid to begin with. When a judge grants an annulment, it's as if the marriage never happened in the eyes of the law.

Unlike most states, Florida doesn't have specific statutes (laws) that lay out the rules for annulments. Instead, Florida's courts have issued binding decisions over the years (called "precedent") and those decisions make up Florida's annulment law. Annulments are relatively rare and can be difficult to get in Florida. (Gilvary v. Gilvary, 648 So. 2d 317 (1995).)

What Are the Grounds for an Annulment in Florida?

To get an annulment, you must have a legally recognized reason, called a "ground." Florida makes a distinction between "void" and "voidable" marriages. Void marriages are invalid from the start. Voidable marriages are treated as valid until a judge declares otherwise. (Sack v. Sack, 184 So. 2d 434 (1966).)

Void Marriages in Florida

A marriage is void in Florida when it involves:

• bigamy (one spouse was already legally married to someone else)
• incest (spouses are closely related), or
• permanent mental incapacity (one spouse was mentally incapacitated and couldn't consent to marriage).

Voidable Marriages in Florida

A voidable marriage can be annulled based on:

• temporary mental incapacity (one spouse was unable to understand what they were consenting to at the time of the wedding ceremony due to a temporary mental condition, including intoxication)
• fraud (one spouse lied or concealed something important about the marriage, such as not having the ability or desire to have children)
• duress (one or both spouses were forced into marriage through threats or coercion)
• underage marriage (one spouse was younger than 18 and didn't have proper parental or court consent), or
• impotence (one spouse lacked the physical capacity to consummate the marriage and the other spouse didn't know about the issue at the time of the marriage).

In Florida, for some voidable marriages, a spouse can lose the right to an annulment if they "ratify" the marriage by continuing to live with their spouse after learning about the grounds for the annulment. The wronged spouse essentially waives their right to annulment by choosing to continue to live as a married couple after learning the full truth.

What Happens After a Florida Annulment?

When a judge grants an annulment, the marriage is treated as though it never existed. This is different from a divorce, which ends a legally valid marriage by court order. (Kuehmsted v. Turnwall, 103 Fla. 1180, 138 So. 775 (1932).)

In Florida, a judge will not divide property the way it does in a divorce. There are no marital property rights after an annulment. However, judges can help sort out disputes over jointly held property or return property that was shared under unfair circumstances.

Florida courts typically don't award alimony (spousal support) in annulment cases. However, if one spouse is an "innocent victim" of the other spouse's wrongdoing, the innocent spouse may be awarded alimony and attorney fees as a matter of equity (fundamental fairness). (Kindle v. Kindle, 629 So. 2d 176, 177 (Fla. 5th DCA 1993).)

An annulment doesn't change parents' obligation to their children. Either parent can ask a judge to make child custody and child support orders, just as they would if they were getting a divorce.

How Do I Get an Annulment in Florida?

To make an annulment official, you must go to court to get a judge's order. This is required for voidable marriages and strongly recommended for void marriages, so you have a legal record that the marriage was invalid from the start.

You'll typically file your annulment papers at the circuit court in the Florida county where you live. Your case will be governed by Florida caselaw and the Family Law Rules of Procedure, so you'll need to follow those rules carefully if you are representing yourself.

To start the process, you file and serve a petition for annulment on your spouse. Unlike divorce, the Florida Supreme Court hasn't created standardized annulment forms. However, many individual circuit courts have created their own annulment packets with the forms you need. Check with your local circuit court clerk's office to see if a packet is available. (Here's an example from the 15th Judicial Circuit in West Palm Beach.)

Florida presumes marriages are valid, so if you're filing, the burden is on you to prove that the marriage should be annulled. If the judge denies your petition for annulment, you aren't stuck in the marriage. You can still get a divorce.

If you have questions, talk to a local divorce attorney or visit your court's self-help center or legal aid.