Annulment Lawyer in Miami

Annulment vs. Divorce in Florida

A divorce ends a valid marriage. Under Fla. Stat. 61.052, a Florida court dissolves a marriage when it is irretrievably broken, and neither spouse has to prove that the other did anything wrong. An annulment is a different case. It asks the court to declare that the marriage was never legally valid, or that a defect that existed on the wedding day gives one spouse the right to have it set aside. Florida has no annulment statute. The grounds and the procedure come from decisions of the Florida courts, which is why the facts of each case matter so much.

Attorney Arturo R. Alfonso has practiced family law in Miami-Dade County for 30 years and can tell you, usually in one meeting, whether an annulment or a divorce fits your situation.

Which Marriages Can Be Annulled

Florida courts draw a line between marriages that were void from the start and marriages that are voidable, meaning valid until a court sets them aside.

Void marriages

• Bigamy. One spouse was still legally married to someone else on the wedding day. Bigamy is also a crime under Fla. Stat. 826.01.
• Close relatives. Fla. Stat. 741.21 prohibits marriage between lineal relatives, such as a parent and child, and between siblings, an aunt and nephew, or an uncle and niece.

Voidable marriages

• Fraud that goes to the essence of the marriage. For example, a spouse who never intended to live with you as a married couple, or who concealed something that defeats the purpose of the marriage itself. Ordinary misrepresentations about money, past relationships, or character are generally not enough.
• Duress or coercion. A spouse who was forced or threatened into the ceremony.
• Lack of mental capacity. A spouse who, because of mental illness or severe intoxication, could not understand the ceremony and the obligations it created. Depending on the facts, a court may treat such a marriage as void rather than voidable.
• Underage marriage. Under Fla. Stat. 741.04, no marriage license may be issued to anyone under 18, except to a 17-year-old who has the notarized written consent of a parent or legal guardian and whose intended spouse is not more than 2 years older.
• Undisclosed incapacity. A physical incapacity to consummate the marriage that existed at the wedding and was not disclosed.

A voidable marriage can be confirmed by conduct. If a spouse learns the truth and keeps living with the other as a married couple anyway, Florida courts generally treat the marriage as ratified and will not annul it. If you believe you have a ground, raise it promptly.

What an Annulment Does Not Do

Infidelity after the wedding, a very short marriage, regret, or a spouse’s bad behavior are reasons for a divorce, not an annulment. An annulment also does not change the children’s legal relationship to either parent or the parents’ duties to them. The court still decides parental responsibility, time-sharing, and child support.

The equitable distribution and alimony rules in chapter 61 of the Florida Statutes are written for divorce. In an annulment, how property and support are handled depends on whether the marriage was void or voidable and on what each spouse contributed, so it is worth comparing both routes before you file.

How an Annulment Case Works in Miami-Dade

An annulment is filed as a civil case in the circuit court. In Miami-Dade County that is the Family Division of the Eleventh Judicial Circuit at the Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, Miami. The spouse asking for the annulment must state the ground in the petition and prove it with evidence: documents, witnesses, and testimony. The other spouse can contest it. There is no simplified, form-based procedure like the one available for an uncontested divorce.

A divorce requires one spouse to have lived in Florida for six months before filing (Fla. Stat. 61.021). No statute sets a residency period for an annulment, but the court still needs jurisdiction over the parties, so part of the first meeting is confirming that Miami-Dade is the right place to file. A religious annulment is a separate process with no legal effect on your civil status, and a civil annulment does not grant a religious one.

Is an Annulment the Right Choice?

Even when a ground exists, a divorce is often the faster and more predictable route, because the no-fault standard requires no proof of wrongdoing while an annulment is a case you have to prove. People still choose annulment for sound reasons: a bigamous marriage was never a marriage at all, a religious tradition may treat the two differently, and some spouses simply want the record to show that the marriage was invalid. Read about whether you have to go to court for a divorce and how long a Florida divorce takes to compare the two.

Common Questions

Can I get an annulment because the marriage only lasted a few weeks? No. The length of the marriage is not a ground by itself. There must be a defect that existed on the wedding day, such as bigamy, fraud, duress, or lack of capacity.

How long does an annulment take? It depends on whether the other spouse contests the case and how much proof the ground requires. An uncontested case with clear documents moves faster than one that needs witnesses and a hearing.

Do I need a lawyer for an annulment? You are not required to have one, but the burden of proof is on you, and choosing the wrong route can cost months. A consultation is free.

Talk to a Miami Annulment Lawyer

Arturo R. Alfonso P.A. handles annulments, divorce, and other family law matters for clients across Miami-Dade County, in English and Spanish. Call (305) 266-9584 or use the form below to request a free consultation. Esta página también está disponible en español: anulaciones de matrimonio en Miami.