Where divorces dissolve a marriage, annulments declare them void because it was never validly created. The standards for annulment differ from divorce. Divorce only needs one spouse to declare the marriage is broken beyond repair, and the court most likely will not question what went wrong. However, annulments burden the petitioner to prove the marriage cannot be fixed. 

If you have questions about your divorce or annulment, contact a Miami FL divorce attorney at Rafool, LLC. We have decades of combined experience helping clients in all matters of divorce and family law, from child custody agreements, to high net worth divorces. 

Florida does not have a specific statute for annulments, so the court must rely on previous common law to make decisions. There are two types of marriages a court is allowed to annul:

  • Void marriage: this is a marriage that can never be considered legal since it violates law/public policy. These include marriages of relatives by blood or marriage, marriages where one spouse is already married, marriages where at least one of the spouses is underage, and marriages where one spouse lacks the mental ability to consent to a marriage. 

  • Voidable marriage: this is a marriage where the spouse has grounds for an annulment but must prove it before the court can dissolve the union. These include situations where force or threats have been used to gain consent, a spouse's lack of capacity to consent due to instances of intoxication or mental illness, and fraud that prompted the marriage. 

While annulment for void marriages is much more simple, voidable marriages are not as easy. Seeking legal counsel can help you determine where you stand and what you will be up against in court. Contact a Miami family law lawyer to get the help you need.