A Brief Overview Of An Annulment | Divorce Attorney Fort Myers/Naples
Florida does not have an annulment statute. Annulments are a matter of common law.
- The basic difference between a divorce and an annulment is that a divorce says this marriage is broken. An annulment says there never was a marriage.
Legal Research: File for Divorce in Florida, Sphinx Legal
Florida Dissolution of Marriage, The Florida Bar, Chapter 17
Florida Family Law, Matthew Bender
- Grounds for Annulment:A marriage may be annulled for a cause that has prevented the parties from contracting a valid marriage. For instance:
- One party was already married to another person,
- The invalidity of a marriage may arise from legal or mental incapacity, because of physical incapacities or infirmities,
- Because of lack of consent to marriage,
- A marriage may also be invalid because consent was wrongfully procured by force, duress, fraud, or concealment,
- One party is too young to get married, or
- Marriage is incestuous.
- An action for annulment seeks a final judgment holding that the marriage is invalid. The plaintiff denies the validity of the marriage and asks for a judgment of annulment, having a marriage declared void by the court. The difference between an annulment and a dissolution of marriage is that the grounds for an annulment exist at the time of the marriage, whereas, the grounds for dissolution of marriage arise after the marriage.
- The rights and responsibilities of the parties whose marriage is terminated by a final judgment of dissolution of marriage may differ substantially from those of parties whose marriage is declared invalid by an annulment
- For an explanation on Annulment see Florida Dissolution of Marriage, Chapter 18. It includes examples of the forms needed to file an action for annulment. This resource is available in all three branches of the VCLL in both print and electronic formats.
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