Plain-English, not legal advice. Annulment in Florida is decided case by case under judge-made law, so it's genuinely fact-specific. This guide explains the landscape; if you think you have annulment grounds, talk to a Florida family-law attorney. Amicably prepares divorces, not annulments.
The core difference
Divorce and annulment reach the same place — you're single again — but they say very different things about the marriage:
Annulment
- • Says the marriage was never valid
- • Fixes a defect present at the start
- • Rare — needs specific grounds
- • No marital property to divide
Divorce (dissolution)
- • Ends a valid marriage
- • No-fault: "irretrievably broken"
- • The normal, far easier route
- • Divides property; alimony possible
Florida is a no-fault divorce state, so ending a valid marriage just requires stating it's "irretrievably broken." Annulment is the opposite: you must prove the marriage was legally defective from day one.
Void marriages (never valid)
Florida has no annulment statute — annulment is governed by judge-made (common) law. Courts sort invalid marriages into two buckets. A void marriage was never legal in the first place, and it's void whether or not a court says so (though people still get a judgment for certainty). The classic void grounds:
- Bigamy — one spouse was already legally married to someone else.
- Incest — the spouses are too closely related under the law.
- Permanent mental incapacity — a spouse permanently couldn't consent to marriage.
Voidable marriages (valid until annulled)
A voidable marriage is legally valid unless and until a court annuls it — and only a spouse can ask. Crucially, the right can be lost by ratification: if you keep living as a married couple after you learn of the problem, courts often treat that as accepting the marriage. Common voidable grounds:
- Fraud that goes to the essence of the marriage — a serious deception about something fundamental, not a minor lie.
- Duress — you were forced or coerced into marrying.
- Temporary incapacity — you were intoxicated or otherwise unable to consent at the ceremony.
- Underage without the required consent.
- Concealed impotence — a pre-existing physical incapacity the other spouse didn't know about.
Void — never valid
Invalid from the start.
- • Bigamy (already married)
- • Incest (too closely related)
- • Permanent mental incapacity
Voidable — valid until annulled
- • Fraud (to the essence of marriage)
- • Duress / forced marriage
- • Temporary incapacity / intoxication
- • Underage without consent
- • Concealed impotence
Grounds people ask about
| Situation | Annulment ground? |
|---|---|
| Spouse was already married (bigamy) | Yes — void |
| Close blood relatives (incest) | Yes — void |
| Serious fraud about something fundamental | Sometimes — voidable, hard to prove |
| Married for a green card / sham marriage | Possibly — voidable fraud, very fact-specific |
| Forced into it (duress) | Sometimes — voidable, high burden |
| Drunk at the ceremony | Sometimes — voidable, ratification can bar it |
| "We rushed / it was a mistake" / short marriage | No — that's a divorce |
Why annulment is rare and hard
Because there's no statute, you have to fit your facts into narrow, judge-made categories and prove them — often to a high standard. Two things people expect to work but don't:
- A short marriage isn't a ground. Married a week and regret it? That's still a divorce, not an annulment.
- "I made a mistake" isn't a ground. Buyer's remorse, growing apart, or ordinary disappointment don't erase a valid marriage.
Courts regularly deny annulment petitions where the proof falls short, and the petitioner ends up needing a divorce anyway. Given that Florida divorce is no-fault and — when uncontested — quick and cheap, most people are better served filing for dissolution from the start.
What annulment changes (and doesn't)
- Property: because the marriage is treated as never having existed, there's generally no "marital property" to divide the way a divorce would — you each keep what's yours, and courts untangle jointly titled items case by case. This area is genuinely unsettled.
- Alimony: usually not available after an annulment, since there was no valid marriage — though courts have made rare exceptions to avoid injustice.
- Children: here's the reassuring part — children of an annulled marriage remain legitimate in Florida, and custody (time-sharing) and child support are handled the same way as in a divorce. An annulment doesn't change a parent's rights or obligations.
Religious vs. legal annulment
These are completely different, and people mix them up constantly. A legal (civil) annulment is a court order changing your legal marital status. A religious annulment (for example, through a church tribunal) is a faith determination that has no effect on your legal status — it may let you remarry within your religion, but the state still considers you married until you get a civil divorce or civil annulment. If your goal is to be legally unmarried, a religious annulment alone won't do it.
Which applies to you?
For the overwhelming majority of people, the answer is divorce. Annulment is reserved for genuinely defective marriages — bigamy, incest, serious fraud, duress, and the like — and even then it's a fact-intensive court fight. If your marriage was valid and you simply want out, dissolution is faster, cheaper, and far more predictable. If you and your spouse agree, Amicably prepares your complete Florida divorce for a flat $99.
If divorce is your path, make it the easy one
Check if you qualify for an uncontested Florida divorce in about 3 minutes — a flat $99, done for you.
Check if you qualifyFrequently asked questions
Can you get an annulment in Florida?
Yes, but only in narrow circumstances. Florida allows annulment for marriages that were void (like bigamy or incest) or voidable (like serious fraud, duress, or incapacity at the ceremony). There's no annulment statute — it's decided under case law — and it's much harder to get than a divorce.
What are the grounds for annulment in Florida?
Void grounds include bigamy, incest, and permanent mental incapacity. Voidable grounds include fraud going to the essence of the marriage, duress, temporary incapacity or intoxication at the ceremony, being underage without proper consent, and concealed impotence. A short or regretted marriage is not a ground.
What's the difference between annulment and divorce in Florida?
An annulment declares the marriage was never legally valid, based on a defect that existed when you married. A divorce (dissolution) ends a marriage that was valid. Florida divorce is no-fault and far easier; annulment requires proving specific grounds in court.
Is an annulment easier or cheaper than divorce in Florida?
No — it's usually harder and can cost more. Because annulment requires proving specific grounds under case law, it's a contested, fact-intensive process. A no-fault, uncontested divorce is typically faster, cheaper, and more predictable.
Is there a time limit for annulment in Florida?
There's no single statutory deadline, but timing matters a lot. For voidable marriages, continuing to live together after you learn of the problem can be treated as "ratifying" the marriage and can bar an annulment. Acting promptly is important, and you should consult an attorney.
Are children still legitimate after an annulment in Florida?
Yes. Children of an annulled marriage remain legitimate in Florida, and their parents' rights and obligations are unchanged. Custody (time-sharing) and child support are decided the same way they would be in a divorce.
Does a short marriage qualify for annulment in Florida?
No. The length of the marriage doesn't determine whether you can annul it — even a marriage of a few days requires a valid ground like fraud or bigamy. If there's no qualifying defect, a short marriage still ends through divorce.
Sources
Florida Courts — Family Law / Dissolution resources
The Florida Bar — Divorce in Florida (consumer pamphlet)
Florida Statutes, Chapter 61 — Dissolution of Marriage (divorce)
Reviewed by the Amicably document team
Amicably is a Florida registered legal document preparation service. We prepare uncontested divorce (dissolution) packets using the official court-approved forms; we do not handle annulments, which are court-litigated. We are not a law firm and do not provide legal advice; this guide is general information about Florida law.