Understanding Marriage Annulment in Florida

In Florida, annulments are uncommon and reserved for cases in which the marriage is considered void or voidable. While an annulment treats a marriage as if it never existed legally, a divorce acknowledges the existence of a marital union and seeks to dissolve it fairly.

In Florida, there is no clearly defined statute for annulment. The process is governed by previous rulings of appellate courts (higher-level courts) on annulments, referred to as "precedent".

Not all unsatisfactory marriages qualify for annulment. Common grounds for annulment in Florida include bigamy, incestuous marriage, impotence, fraud or misrepresentation, mental incapacity, underage marriage, duress or coercion, and marriage as a joke.

After an annulment, the court typically issues a decree of annulment, restoring the former partners' single status. Issues concerning children, much like in a divorce, are also addressed. These include establishing paternity, determining parental responsibility, arranging time-sharing, and setting child support, while also ensuring the children remain legitimate.

Individuals seeking basic annulment information and related court records may review available Florida marriage court records online.

Grounds for Annulment in Florida

Florida law differentiates between void and voidable marriages. A void marriage (e.g., bigamy or incestuous unions) is invalid from the beginning and does not require legal action to declare it so.
A voidable marriage, such as one involving fraud, duress, or underage couples. They are genuine until a court declares them invalid.

Some grounds for annulment identified by Florida appellate courts are as follows:

• Bigamy: If someone is legally married to another person, a second marriage is void.
• Incest: Marriages between close relatives are unlawful and instantly regarded as void.
• Lack of Capacity: This may entail circumstances in which one or both parties were mentally incapacitated, under the influence of drugs or alcohol, or otherwise unable to comprehend the terms of the marriage contract.
• Age: The marriage is voidable if either spouse was under 18 and married without parental consent.
• Fraud or Misrepresentation: The marriage may be deemed voidable if it was entered into based on fraudulent acts or significant misrepresentations by one party (e.g., lying about the ability to have children).
• Duress or Force: A marriage may be annulled if one or both spouses entered into it under duress.
• Impotence: A marriage is voidable if either spouse is permanently impotent and does not disclose this information before the marriage.

Eligibility Requirements for an Annulment in Florida

In Florida, either party in a marriage may petition the circuit court for annulment. In rare cases, a guardian or court-appointed counsel may file for annulment on the ward's behalf. For example, Florida's 4th District (District Court of Appeal) granted an annulment in a case in which the ward's "right to marry" had been limited by court order.

Florida does not have a specific statute that lists the grounds for annulment. The state's courts annul marriages that were void or voidable from the outset of the union, based on laws that render a marriage illegal or invalid. For example, common law marriages (after January 1, 1968) and incestuous marriages are void by law.

In Florida, the circuit courts handle equitable family matters, including annulments. Likewise, the six-month residency rule (Fla. Stat. § 61.021) applies only to divorces, not annulments. Petitioners, however, are expected to file in the resident's county of residence, in line with Florida's general civil venue rule (Fla. Stat. § 47.011).

Regardless of whether a wedding was religious or civil, annulment in Florida is a court-ordered remedy. Religious annulments (issued by a faith-based organization) have no binding legal effect; Florida law offers only civil remedies in marriage cases, including annulments.

How to Get a Marriage Annulled in Florida

Florida does not have formal annulment statutes. Therefore, the annulment process may vary based on circumstances. Outlined below is a general overview of the annulment process:

File a Petition
To begin a case, the petitioner is expected to file a Petition for Annulment in the relevant Florida circuit court. Family cases follow the Florida Family Law Rules of Procedure (see Rule 12.010 for scope and Rule 12.100 for pleadings, motions, and captions). The document typically includes the initiating documents, such as the civil cover sheet, summons, and proposed judgments for annulment.

Serve the Other Party
Have the other spouse formally serve the summons and petitions in accordance with Florida's service statutes. Service is typically completed within 120 days of the filing date.

Attend Hearings
After service, the respondent is expected to respond to the petition by filing an answer or not responding at all. Contested annulments usually result in evidentiary hearings. The burden of proof lies with the petitioner.

Obtain the Final Decree (Judgment of Annulment)
The judge will decide whether the marriage is void or voidable under Florida's equitable annulment framework. If granted, the court enters a Final Judgment of Annulment, restoring the couple's single status, addressing child-related matters, and, if necessary, providing equitable relief.

Required Forms and Documentation for a Florida Annulment

Florida does not have statewide Supreme Court forms for annulment petitions or final judgments. Consequently, petitioners often use local circuit packets (where available) or draft pleadings that conform to the Florida Family Law Rules of Procedure. Some standard forms and documents required for an annulment in Florida are as follows:

• Cover Sheet for Family Court Cases (Form 12.928): This is necessary for preliminary family filings to classify the case for the clerk and court administration.
• Petition for Annulment of Marriage: No statewide petition currently exists; some circuits publish their own packet (e.g., 15th Judicial Circuit) with a sample petition. Petitioners may also utilize a local packet or a lawyer-drafted pleading that complies with the rules.
• Answer and Waiver Form: This form guides respondents in providing responses that comply with the Family Law Rules.
• Final Judgment of Annulment: While there is no statewide judgment form, most circuits provide a proposed final judgment in their local packet for the judge's use.
• Notice of Social Security Number (Form 12.902(j)): This is an official statewide form required to support a party's SSN for records matching.
• Notice of Related Cases (Form 12.900(h)): This form alerts the court to any associated family cases (including annulment) filed with the initial pleading, when applicable.
• Summons (Form 12.910(a)): This is the Florida Supreme Court-approved form used to provide copies of required papers to the other party (personal service) at the beginning of the case.

Note: Since Florida does not publish statewide annulment forms, petitioners may obtain these documents from local circuit websites or the Florida Courts’ website.

Where to File for an Annulment in Florida

In Florida, annulments are filed and heard in the circuit court (family division) statewide. The court is responsible for handling family law matters, including annulments, all across the state.

Florida does not have a designated annulment statute; cases are heard under the Florida Family Law Rules of Procedure, which govern all family cases (including annulments) statewide.

The petitioner is expected to file an annulment petition in the county where the other spouse (respondent) lives or where they last lived together in accordance with the Florida general venue statute.

In Florida, the process and steps for filing may vary slightly by county. For example, some courts permit online filing, while others prefer paper submissions. Therefore, petitioners are advised to check with their local circuit court's family division or visit the clerk's website.

Annulment Timelines and Waiting Periods in Florida

Unlike divorces, which have waiting periods (such as the 20-day wait before the final divorce judgment and a six-month residency requirement), annulments do not have a fixed "cooling-off" or waiting period. However, respondents are expected to file a response within 20 days of service, as provided in Florida Family Law Rules of Procedure 12.140.

Determining whether a marriage was never valid (void) or should be nullified (voidable) requires clear proof. To arrive at a decision, the petitioner has to submit documents, sworn statements, or witnesses to prove their case. The respondent is also expected to respond. If the annulment is contested, the court typically schedules hearings for both parties to present evidence. Given the differences in marriage and the various situations, judges must decide on annulments based on the specifics of each case. Consequently, the speed or delay in reaching a final judgment depends on the smooth flow of the different processes.

Costs and Court Fees for an Annulment in Florida

Based on Florida statute and some published clerk schedules, some of the state-specific court fees related to annulments in the state are as follows:

• Court filing fee (to open case): $397.50 to $409.00 (Circuit court filing fees per Fla. Stat. § 28.241).
• Issuance of summons: $10.00 (Charged by the clerk when issuing summons).
• Service of process: Approximately $40 to $41 per person or address (Sheriff's service fees per Fla. Stat. § 30.231 and local policies).
• Other clerk costs: $10.50 (recording a final judgment). A $50 reopen fee may apply later, authorized by § 28.241.
• Attorney fees: Variable (Not set by statute; depends on attorney rates and case complexity.

Individuals who are unable to pay court fees may apply for a waiver by filing the Florida Courts' "Application for Determination of Civil Indigent Status". If approved, the waiver covers filing and summons fees; other costs are not included.

Petitioners wishing to represent themselves may download free self-representation forms from the Florida Courts' website or local circuits (e.g., 15th Judicial Circuit) that publish annulment packets.

After the Annulment: What Happens Next?

Once the court approves an annulment in Florida, the marriage is declared invalid and no longer exists. This means the former spouses are restored to their pre-marital status and may remarry. Unlike divorces, annulments do not involve traditional property division or alimony (which may vary based on specific circumstances). However, children born during annulled marriages are entitled to the same rights and privileges (e.g., child custody, child support, and visitation agreements) as other children born into legitimate marital unions.