While most people are familiar with divorce, annulment is a less common option for ending a marriage. In Florida, an annulment doesn’t just terminate a marriage; it legally declares that the marriage was never valid to begin with.
If you’re in Orlando and believe your marriage should never have happened in the eyes of the law, annulment may be the route to pursue.
However, getting a marriage annulled in Orlando isn’t easy. Unlike divorce, it requires proving that the marriage was invalid from the start.
What Is a Marriage Annulment?
An annulment is a legal declaration that a marriage is void or voidable. A void marriage is invalid from the outset and never legally existed. A voidable marriage is valid unless and until annulled.
Annulments differ from divorces in that they don’t end a marriage—they erase it. Legally, it’s as if the marriage never occurred. This distinction can matter for religious, immigration, or personal reasons.
Florida has no specific annulment statute, so courts rely on case law and equitable principles. Judges consider each case individually and require clear evidence that the marriage was flawed from the start.
Grounds for Annulment in Florida
Not every regrettable marriage qualifies for annulment.
Courts in Orlando will only grant an annulment in specific circumstances, such as:
- Bigamy: One spouse was already married to someone else.
- Underage marriage: One or both parties were underage and lacked parental consent or court approval.
- Lack of mental capacity: One party was mentally incapacitated and couldn’t understand the nature of the marriage.
- Fraud or misrepresentation: One party was tricked into the marriage by lies about important facts (e.g., hiding impotence, legal status, or intent to have children).
- Duress or coercion: One spouse was forced or threatened into the marriage.
- Consummation refusal or incapacity: A party is physically unable or unwilling to consummate the marriage, and this was concealed beforehand.
- Incestuous marriage: The spouses are closely related by blood.
Note that short duration or buyer’s remorse does not qualify. You can’t get an annulment just because the marriage was a mistake. Courts require a legal defect in the formation of the union.
The Annulment Process in Orlando
To seek an annulment in Florida, you must file a petition for annulment with the appropriate family court. This is typically the circuit court in the county where you or your spouse resides.
You’ll need to:
- Outline the legal grounds for annulment and support them with specific facts.
- Provide evidence of the defect (e.g., marriage certificates, witness statements, medical records).
- Serve your spouse with the petition and give them a chance to respond.
If the court finds sufficient grounds, it will issue a judgment of annulment. If not, it may convert the case into a standard divorce.
Unlike divorces, annulments don’t involve equitable distribution of marital property. Because the marriage is considered void, Florida law treats property and debts as though the marriage never existed—though courts can issue orders to prevent unjust enrichment or resolve disputes in fairness.
Can You Get Spousal Support After an Annulment?
Spousal support (alimony) is generally unavailable in annulment cases because the legal relationship is considered void. However, courts may award temporary financial relief or restitution in some cases, especially if one spouse was deceived or financially dependent. These awards are based on equity, not marital law.
If children were born during the annulled marriage, child custody and support will still be determined under Florida law. An annulment does not affect a child’s legal status or the rights and responsibilities of the parents.
When Annulment Makes Sense in Florida
In Orlando, annulment is typically pursued for religious, reputational, or immigration-related reasons.
For example:
- A couple married in haste, but one party was still legally married to someone else.
- One party discovers they were deceived about major issues like drug use or identity.
- A marriage was performed under pressure from family or cultural expectations.
These cases can be challenging, but not impossible. With sufficient evidence and clear legal grounds, an annulment may be granted even if the marriage lasted several months.
Navigating Annulment in Orlando
Annulment is a powerful legal tool for those whose marriage should never have occurred under the law. While the process is more complex than divorce and requires strong evidence of legal invalidity, it can offer a clean break—both legally and emotionally.
If you believe your marriage in Orlando meets the grounds for annulment, consulting an experienced family law attorney is essential. Contact Conti Moore Law Divorce Lawyers, PLLC to speak with an experienced Orlando annulment lawyer.
Contact the Orlando Divorce Law Firm of Conti Moore Law Divorce Lawyers, PLLC, for Help Today
For more information, contact our experienced Orlando divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC, by calling (407) 831-0203 to schedule a free consultation.
We serve all through Orange County and its surrounding areas. Visit our office at:
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
(407) 831-0203
