Legal Question in Family Law in Florida

Re: Annulments

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While there is no set time for an action on an annulment to begin, generally the sooner after the marriage the better chance of having a judge grant the request.

Though often confused, annulment is different from divorce in that an annulment declares a marriage to be invalid. It claims that there is something wrong with the marriage in terms of its formation. In the case of divorce, there is no problem with the marriage's formation; the spouses simply want to end a valid marriage.

There are a variety of reasons a marriage may be annulled. A marriage may be annulled if one of the parties is already married; if the parties are too closely related by blood; if one of the parties did not freely consent to the marriage or lacked the ability to consent (due to incompetence); if the marriage was performed merely for the purpose of obtaining citizenship; if one or both of the parties were underage; or if one of the parties is incurably physically impotent (and the other party was without knowledge of this fact). In some cases, the defect can be remedied and the marriage saved. Underage parties, for instance, can validate their marriage simply by remaining together upon reaching the age of 18.

Marriages which are annulled are considered never to have existed. Therefore, it is generally not possible to receive any sort of alimony or property division settlement after an annulment. Courts try to place the parties in the same positions they were in before the invalid marriage.

Scott R. Jay, Esq.

Re: Annulments

Florida does not have annulments, only dissolution.