Orlando Annulment Attorney
Understanding When Florida Law Permits Annulment
An annulment is a legal declaration that a marriage was void or voidable from its inception — as if it never legally existed. Unlike divorce, which ends a valid marriage, annulment establishes that no valid marriage ever occurred. Florida law permits annulment only in limited circumstances, and the grounds must be proven to the court's satisfaction. Attorney Joseph Knape advises clients throughout Central Florida on whether annulment is available and represents them through the annulment process.
Grounds for Annulment in Florida
Florida courts may grant an annulment when the marriage was void from the beginning — such as a bigamous marriage or a marriage between close relatives — or when the marriage was voidable due to fraud, duress, mental incapacity, intoxication at the time of the ceremony, or the inability to consummate the marriage. The burden of proof is on the party seeking annulment, and the grounds must be clearly established.
Annulment vs. Divorce
The practical differences between annulment and divorce are significant. In an annulment, there is generally no equitable distribution of marital property (since the marriage is treated as never having existed), and alimony is typically not available. However, children born of an annulled marriage are still considered legitimate, and child support and custody issues are still addressed by the court. Attorney Knape helps clients understand which option best serves their interests.
The Annulment Process
Seeking an annulment requires filing a petition with the circuit court, serving the other party, and presenting evidence supporting the grounds for annulment at a hearing. The process is similar to divorce in its procedural requirements but different in its legal standards. Attorney Knape guides clients through every step of the annulment process in Central Florida courts.
"Annulment is available only in limited circumstances — Attorney Knape will advise you honestly on whether you qualify."
"The practical differences between annulment and divorce are significant — understanding them is critical to making the right choice."
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