Annulment Attorney in Orlando

Nicole Benjamin: Florida Supreme Court-Certified Mediator & Orlando Family Law Attorney Since 2001

An annulment doesn’t end a marriage. It declares that the marriage was never legally valid to begin with. Florida courts treat an annulled marriage as though it never existed, which is a meaningfully different legal outcome than divorce and one that applies only in specific, provable circumstances. Clients often arrive unsure whether their situation qualifies or whether divorce is the more realistic path. That’s exactly the kind of analysis we provide.

Nicole Benjamin has practiced family law in Orlando and Orange County for over 20 years. She is also certified as a family dispute mediator by the Florida Supreme Court, which allows her to assess not just whether a marriage meets Florida’s legal threshold for annulment, but whether annulment, mediation, or another resolution path better serves what a client actually needs.

Grounds for Annulment in Florida

Florida has no specific annulment statute. Courts decide these cases using case law and equitable principles, which makes the factual record critical. Florida law draws a fundamental distinction between two types of invalid marriages.

Void Marriages
A void marriage was never legally valid at any point. No court action is technically required to dissolve it, though a formal declaration is often sought. Bigamy (one spouse already legally married to another person) and incestuous marriages fall into this category.

Voidable Marriages
A voidable marriage was technically formed but can be challenged and annulled on specific grounds. Florida courts have recognized the following:

• Fraud or material misrepresentation going to a fundamental aspect of the marital relationship, not merely any deception
• Duress or coercion at the time the marriage was entered
• Lack of mental capacity due to mental illness, intoxication, or impairment at the time of the ceremony
• Concealed physical impotence where the other spouse was unaware of the condition at the time of marriage
• Underage marriage without required parental consent

Florida courts presume every marriage is valid. The burden of disproving that presumption falls entirely on the spouse filing the petition. A parent, family member, or legal guardian may also petition on behalf of a minor or an impaired adult who lacked the capacity to consent.

Annulment vs. Divorce in Florida

Florida is a no-fault divorce state. A divorce can be granted on the grounds that the marriage is irretrievably broken without proving any wrongdoing. Annulment requires proving specific legal grounds to a court’s satisfaction. That higher burden means annulments are harder to obtain and less common.

The legal consequences also differ in important ways. After an annulment, the equitable distribution framework Florida uses to divide marital property in divorce generally doesn’t apply. Courts may instead address jointly held or commingled property through contract law or equitable principles. Alimony is rarely available after an annulment, though courts have awarded support in cases where one spouse was an innocent victim of fraud. If the petition is denied, divorce remains available.

Some clients pursue annulment for religious reasons, since certain faiths don’t recognize divorce. Civil annulments and religious annulments are entirely separate processes with no legal connection to one another. Immigration status tied to a marriage may also be affected by an annulment, including potential USCIS review of whether the marriage was genuine.

Talk to an Annulment Lawyer in Orlando

If you’re trying to determine whether your marriage qualifies for annulment or whether another path makes more sense, we can help you think through the legal and practical considerations. Our team serves clients throughout Orlando, Orange County, and across Florida.

We offer a free 15-minute consultation. Clear answers start with a direct conversation. Call (321) 473-6679 to schedule yours.