Annulment Services

Annulments aren’t just another way to end a marriage. They’re a legal statement that the marriage never should have existed in the first place. Unlike divorce, which dissolves a valid marriage, an annulment erases it entirely. That difference carries weight, affecting everything from property rights to parental responsibilities. If you’re considering an annulment, understanding Florida’s legal standards is the first step.

What Are The Legal Grounds For Annulment In Florida?

Florida courts don’t grant annulments just because someone regrets their marriage. The law only allows annulments under strict circumstances, dividing them into void and voidable marriages.

A marriage is void when it was never legally valid from the start. This includes cases of bigamy, where one spouse was already married at the time of the ceremony, or incest, where the spouses are too closely related. These marriages are never recognized under the law.

A marriage is voidable when something about it makes it legally questionable, but it was initially recognized as valid. Courts may grant annulments in cases involving fraud, such as one spouse lying about their ability to have children, or duress, where one person was forced into marriage. Mental incapacity at the time of marriage can also justify an annulment, as can the discovery that one spouse never intended to be in a real marital relationship.

How Is Annulment Different From Divorce?

Divorce and annulment both end marriages, but they serve completely different purposes. Divorce acknowledges that a valid marriage existed but is no longer working. It involves legal processes like dividing assets, determining alimony, and addressing child custody.

Annulment, however, wipes the marriage from existence. Since the marriage was never valid, courts don’t divide property or award alimony except in rare cases. The financial and legal ties of the marriage are erased.

However, an annulment does not erase parental obligations. If children were born during the marriage, their rights remain intact. The court still enforces child support, custody, and visitation, just as it would in a divorce.

What Is The Process For Getting An Annulment In Florida?

Filing for an annulment requires more than just paperwork—it requires proof. The process begins when one spouse files a petition in court, outlining the legal reasons the marriage should be annulled. That petition must then be formally served to the other spouse, giving them the opportunity to respond.

If the annulment is contested, both sides will present evidence in a court hearing. The judge will review witness testimony, documents, and any supporting proof to determine whether the marriage meets annulment criteria. If the judge grants the annulment, the marriage is legally erased, and both parties are returned to their pre-marriage legal status.

Unlike divorce, where clear statutes govern the process, annulments rely on legal precedent. Courts evaluate them on a case-by-case basis, making strong legal arguments and supporting evidence essential. If you’re considering an annulment, working with an experienced attorney can help ensure the best possible outcome.

What Happens To Children And Property After An Annulment?

Many people worry that annulment will affect their children’s legal rights. Under Florida law, children born within an annulled marriage remain legally legitimate. Their rights to child support, custody arrangements, and parental responsibility are unaffected. Courts treat these cases the same as they would in a divorce, ensuring that children’s best interests come first.

Property division works differently. Since annulment erases the marriage, courts do not divide assets as they do in divorce cases. Each spouse generally keeps whatever property they brought into the marriage. Courts do not award alimony, but in some cases, they may grant temporary financial support if one spouse is financially vulnerable.

Is There A Time Limit To File For Annulment?

Unlike some states, Florida does not impose a strict deadline for filing an annulment. However, waiting too long can weaken your case. If you continue acting as though your marriage is valid—living together, sharing finances, or presenting yourselves as a married couple—the court may see that as acceptance of the marriage and deny the annulment.

Acting quickly is especially important in cases involving fraud or misrepresentation. The longer you wait, the harder it may be to prove that you were deceived. Delays can also make it more difficult to gather supporting evidence, making your case harder to win. If you believe your marriage qualifies for annulment, speaking with an attorney as soon as possible is the best course of action.

The Smartest Next Step

Annulments aren’t just about ending a marriage—they’re about proving it was never legally valid. Because Florida courts evaluate annulments on a case-by-case basis, you need a strong legal argument and solid evidence. This is not a process you want to navigate alone.

At Bergermann Law Firm, we help clients in Fort Myers, Naples, and Cape Coral understand their options and fight for the best possible outcome. If you have questions about annulment or need legal guidance, call Bergermann Law Firm at (239) 334-0075. Let’s discuss your case and find the best path forward.