Brandon Annulment Attorney

Many people use the terms “annulment” and “divorce” interchangeably, but they are not the same. While both actions end a marriage, the legal requirements and effects of each are very different.

A divorce legally ends a marriage and recognizes that the marriage existed. After a divorce, an individual is considered to have been married. An annulment, on the other hand, declares a marriage null and void, treating it as if it never happened. After an annulment, a person can truthfully say they have never been married.

Key Differences Between Divorce and Annulment

One main distinction is timing. A divorce can be filed at any time during a marriage—days, months, years, or even decades after the wedding. An annulment, however, requires specific grounds and is typically pursued early in the marriage, since evidence supporting an annulment becomes harder to prove over time.

Florida law also recognizes that certain marriages may become legally valid if consummated. This means that if the wronged spouse engages in sexual relations with their spouse, they may waive their right to an annulment.

Grounds for Annulment in Florida

A marriage may be annulled under the following circumstances:

• Bigamy: One spouse was already married to another person.

• Incest: The couple is closely related by blood.

• Underage marriage: One or both parties were too young to consent.

• Mental incapacity: One party was unable to understand or consent to the marriage.

• Impairment: One or both parties were under the influence of drugs or alcohol at the time of marriage.

• Fraud or deceit: One spouse was tricked into marriage through lies.

• Force or coercion: One party was compelled into marriage against their will.

• Joke or prank marriage: One party entered the marriage without intending it to be serious.

Filing for an Annulment

To obtain an annulment in Florida, a petition must be filed in circuit court. Because the state presumes that marriages are valid, you will need strong evidence to demonstrate that the marriage is void.

It’s important to note that the other spouse may choose to pursue a divorce instead. Depending on the circumstances, the court could grant a divorce even if an annulment is requested.

Contact a Brandon Family Law Attorney

Deciding between a divorce and an annulment can be complicated and emotional. Understanding your legal options is essential to protecting your rights.

Stephanie Koether, a Brandon annulment attorney at Koether Law, P.A., provides personalized guidance for clients navigating these situations. She can help you understand Florida law regarding annulments and divorces and guide you through the process with care and professionalism.

Contact our Brandon office today to schedule a consultation and learn the best path forward for your situation.