Annulment vs. Divorce in Florida: What’s the Difference?
The main difference between annulment and divorce in Florida is that an annulment declares a marriage legally invalid from the beginning, while a divorce ends a legally valid marriage. Annulments are rare and require specific legal grounds, whereas divorce is more common and typically easier to obtain.
Annulment legally declares a marriage void from the beginning or voidable because of a defect discovered during the marriage, whereas divorce ends a marriage that no one disputes was always a valid union. Annulment can have serious social and financial repercussions that differ from divorce.
If you have questions about divorce or annulling your Florida marriage, arrange a consultation with The Law Offices of Travis R. Walker. A divorce lawyer in Stuart, FL, can help you weigh the important distinctions between annulment and divorce, and plan the optimal course of action for you.
“An annulment declares the marriage void from the beginning due to illegality, such as fraud or bigamy, while divorce ends the marriage as it stands. Depending on the circumstances, divorce may be faster and easier than pursuing an annulment.”
-Travis R. Walker | Founder and Philanthropist
What Are the Legal Grounds for Annulment in Florida?
Grounds for the court to declare a marriage void include:
- Incest
- Duress
- Bigamy
- Underage spouse
- Lack of mental capacity
- Lack of serious intent (married as a joke)
Grounds for the court to declare a marriage voidable include:
- Fraud
- Impotency
- Concealment of disease or infertility
What Can Complicate Getting an Annulment in Florida?
A marriage is voidable when an essential marital issue that was hidden comes to light after the couple marries. Such grounds for annulment are more persuasive if claimed soon after the marriage begins. When fraud is an issue, if you “ratify the marriage” (continue having sex with your spouse) after learning of it, that could negatively impact how the court evaluates your claim.
Your spouse will have notice of the annulment case and the right to oppose it, and may elect to seek a divorce, adding to the legal complexity.
Annulments and divorces are heard in different courts. Questions relating to child custody will be heard by the Family Court.
How Are the Legal Effects of Annulment Different From Divorce?
After a divorce, children remain legitimate. In an annulment, if the court deems the marriage void, the children of the marriage no longer are legitimate because, legally the marriage never took place.
Annulment can negatively impact your spousal rights to property and inheritance. Unlike a divorce, the court will not divide the couple’s assets in an annulment; the spouses must do it themselves.
The Law Offices of Travis R. Walker provides aggressive, solid, compassionate representation and advocacy. In our confidential consultation with you, our legal team will listen carefully to your personal story, evaluate potential solutions with you, and advise on the best legal strategy for your personal situation.
We will explain your legal options, provide an overview of the process, and help you gain an understanding of next steps. Our team is available for consultation by phone, Zoom, and in-person in our Stuart, Florida office.
Frequently Asked Questions About Annulment vs. Divorce in Florida
Is annulment better than divorce in Florida?
No. Annulment is not “better” than divorce—it is simply different. Annulments are only available in limited situations involving fraud, illegality, or lack of consent. Divorce is the more common and practical option for most couples.
Is annulment harder to get than divorce?
Yes. Annulments are much harder to obtain because the person requesting one must prove specific legal grounds. Divorce does not require proving fault and is generally easier and faster.
Does annulment affect property and children differently than divorce?
Yes. In an annulment, courts do not divide marital property the same way they do in a divorce. Issues involving children, such as custody and support, are still handled by the family court.
