Annulment Lawyer in North Miami, FL
by S.G. Morrow & Associates, P.A.

What is Annulment, and How Does it Differ from Divorce?

An annulment is a legal process that declares a marriage null and void, treating it as if it never happened. Unlike divorce, which legally ends a valid marriage, annulment applies only under specific circumstances, such as fraud, coercion, or mental incapacity at the time of marriage. An annulment lawyer can assess if your case meets the legal requirements.

Divorce separates spouses while recognizing the marriage as previously valid, often involving matters like alimony. In contrast, an annulment erases the marriage’s legal existence, meaning no marital benefits apply. Florida law favors divorce over annulment, as annulments are granted only in limited cases. As a no-fault divorce state, Florida allows spouses to divorce without proving wrongdoing.

Grounds for Annulment and the Legal Process

Grounds for Annulment

The grounds for annulment vary but generally include:

• Coercion

Coercion happens when one or both parties marry under pressure, preventing genuine consent. Family expectations or societal pressure can lead to coercion, such as in a ‘shotgun wedding,’ where an individual feels forced to marry.

• Duress

Duress occurs when threats or intimidation force someone into marriage, undermining their ability to give voluntary consent. In such cases, marriage becomes voidable.

• Bigamy

Bigamy occurs when one party is already legally married to another at the time of the marriage. Since a person cannot be legally married to more than one person at a time, any subsequent marriage is deemed void from the start.

• Incest

Incest occurs when close blood relatives, such as siblings or a parent and child, marry. These marriages are legally void and subject to annulment due to ethical and biological concerns.

• Non-Consent

Non-consent applies when one or both parties are underage and lack the legal capacity to marry without parental consent and court approval.

• Marriage Fraud

Marriage fraud occurs when one party deceives the other into entering a marriage, also known as ‘fraud in the inducement. A common example is a sham marriage for immigration purposes, where one party misrepresents their intentions or status to secure legal benefits.

Legal Process for Annulment

The legal process for annulment involves several key steps:

• Consultation

The first step is to meet with an annulment attorney to determine if your case has valid grounds for annulment. During this initial consultation, your attorney will review the details of your marriage and advise on the most suitable course of action.

• Petition Filing

Submit your annulment petition to the appropriate circuit court, outlining the reasons and supporting evidence. In Florida, file it with the circuit court.

• Serving Notice

After filing the petition, you must serve notice to the other spouse. This formal notification informs them of the legal action and gives them the opportunity to respond. Serving notice is typically done through certified mail or a process server.

• Hearings

Both parties will attend court hearings to present evidence and testify about the grounds for the annulment. Your annulment attorney will represent you during these hearings, helping to present your case effectively.

• Judgment

The court reviews the evidence and issues a judgment. If granted, the annulment declares the marriage null and void, as if it never existed.

An annulment lawyer provides essential support in protecting your rights throughout the process.