Can I have my marriage annulled?

Every now and then, we have someone ask can I get my marriage annulled?  Florida law does allow you to annul a marriage, but annulments are very rare.  An annulment would make it like you never got married.  Ordinarily, there would be no equitable distributing or marital assets and debts.  That means each person would go back to the way things were before the marriage.  Moreover, alimony is not awarded in annulment cases.  While it is still technically an option under certain circumstances, many judges do not want to annul a marriage even if it may fit under the legal requirements.  This is because divorces in Florida are “no fault,” which means neither side is legally required to blame the other spouse for causing the divorce.  Annulment, however, does usually require some sort of blame or explanation for why the marriage needs to be annulled.  You can follow all the procedures and still be denied an annulment by the judge in your case.  And then you will have to possibly start over and file for divorce anyhow.  Below are some reasons you may have to prove if you want an annulment rather than a divorce.  Contact us to discuss your case.  Whether it is an annulment or a divorce, we are here to help you in this important time in your life.  

Was there fraud, duress, coercion, or trickery involved in the marriage?  Did your spouse lie to you about being single when they really were already married to someone else?  Did they promise you kids and then say there is no way they ever want to have children?  Did they trick you into marrying them for some ulterior reason?  If so, you may (and we stress may) be a candidate for an annulment.

Was the marriage never consummated?  If it was not consummated, you may be more likely to get an annulment.  If it was consummated, it is impossible or almost impossible to get an annulment.

Is your marriage fairly new?  The longer you have been married, the less likely it is you will be granted an annulment.

Have you kept all of your finances totally separate?  If you have commingled your financial lives, and have lived together as husband and wife, your chances of an annulment are slim to none.

FAQ On Annulment

What is annulment?

Annulment is a court case where you seek to have your marriage voided.  It is like divorce, but technically different.  It is very difficult to qualify for an annulment.

What are the differences between an annulment and a divorce?

The main difference is that an annulment is almost impossible to get, and anyone who is married can get a divorce for any or no reason.  Also, an annulment could allow you to avoid equitable distribution of assets and debts, which is what would occur in a divorce.

Can I have my marriage annulled for religious reasons?

Yes, if the judge allows it and if you meet the very stringent legal qualifications.  Unfortunately, your religion is not taken into consideration by the court.

How to file for annulment?  Or, What is the annulment procedure?

You file for annulment by filing a petition with the Clerk of Court in the county where you and your spouse lived together as a married couple.  Annulments are notoriously difficult to achieve.  Divorce is a guaranteed way to end the marriage.  This can be a difficult legal area, but we have handled successful annulments in the past.  Contact us to see how we can help.

Will filing for annulment affect alimony?

Yes.  Alimony is not awarded in annulment cases.