Pensacola Annulment Lawyer

Understanding Annulments in Florida

Annulment is a legal process that declares a marriage null and void, as if it never legally existed. Unlike divorce, which dissolves a valid marriage, an annulment is granted when a marriage was never legally valid or is considered voidable under Florida law.

If you believe your marriage should be annulled rather than ended through divorce, it is crucial to consult with a Pensacola annulment attorney to determine if your case meets Florida’s annulment criteria and to guide you through the legal process.

The Virga Law Firm, P.A. is a trusted family law practice that serves clients across Florida. Backed by over a century of collective experience, we’ve earned a reputation for helping folks and families navigate Florida’s family court system and protect for their rights in highly consequential cases. If you’re considering an annulment or need legal support to evaluate your options, we can help.

The Virga Law Firm, P.A. serves clients across Escambia County and beyond. Call (800) 822-5170 to request an initial consultation.

Annulment vs. Divorce: Key Differences

Divorce

• Legally ends a valid marriage
• Requires grounds such as irreconcilable differences
• Results in division of assets, alimony, and potential child custody arrangements

Annulment

• Declares a marriage legally invalid, as if it never happened
• Requires specific legal grounds proving the marriage should be voided
• Does not necessarily involve division of property, spousal support, or other divorce-related matters

While divorces are more common, an annulment may be the right path for individuals who entered into a marriage that should not have been legally recognized in the first place.

Legal Grounds for Annulment in Florida

Florida law does not have specific statutes governing annulments, but courts recognize certain circumstances that may qualify a marriage for annulment. These include:

1. Bigamy or Pre-Existing Marriage. If one spouse was already legally married to another person at the time of the wedding, the marriage is considered void, and an annulment is required.
2. Underage Marriage Without Consent. Florida law requires individuals under the age of 18 to have parental consent to marry. If a spouse was underage and did not obtain legal consent, the marriage may be voidable and eligible for annulment.
3. Lack of Mental Capacity or Intoxication. If one spouse lacked the mental capacity to consent to the marriage due to mental illness or cognitive impairment, or intoxication from drugs or alcohol at the time of the marriage, the court may find the marriage invalid and grant an annulment.
4. Fraud or Misrepresentation. A marriage may be annulled if one spouse misrepresented or concealed a major fact that influenced the other spouse’s decision to marry. Examples include:
   1. Concealing inability to have children (impotence or sterility)
   2. Marrying for immigration benefits or financial fraud
   3. Hiding serious criminal history or other major deceptions
5. Force, Duress, or Coercion. If a person was forced, threatened, or pressured into marriage against their will, the court may declare the marriage invalid through annulment.
6. Incestuous or Prohibited Marriages. Florida law prohibits marriages between close family members. Marriages that violate these laws are considered void and qualify for annulment.
7. Failure to Consummate the Marriage. In some cases, if one spouse refuses to engage in marital relations and this was not disclosed before marriage, the court may consider this a valid ground for annulment.

How to File for an Annulment in Pensacola

Filing for an annulment requires legal knowledge and supporting evidence to prove that the marriage is void or voidable. The process typically involves:

1. Filing a Petition for Annulment. A formal petition is submitted to the court outlining the legal grounds for annulment.
2. Presenting Evidence. The petitioning spouse must provide documentation, witness testimony, or other proof supporting their claim.
3. Court Hearing and Judgment. A judge will review the case and determine if there is sufficient legal basis to nullify the marriage. If approved, a Final Judgment of Annulment will be issued.

Unlike divorce, annulment cases do not follow strict statutory guidelines, making it important to work with an experienced Pensacola annulment attorney to build a strong case.

Florida Annulment FAQ

What Happens to Property and Debt in an Annulment?

Since an annulled marriage is treated as though it never existed, Florida law does not require division of marital assets like in a divorce. However, courts may still address property ownership and financial disputes depending on the circumstances.

Can Alimony Be Awarded in an Annulment?

Florida courts generally do not award alimony in annulment cases. However, if financial dependency exists, an attorney can advise on alternative legal options.

Is There a Time Limit for Filing an Annulment?

Unlike divorce, annulments do not have a set time limit. However, waiting too long may weaken your case. If you believe your marriage qualifies for annulment, it is important to act quickly.

Does Annulment Affect Child Custody and Support?

If children were born during the marriage, Florida courts will still establish custody, visitation, and child support through standard family law proceedings, even if the marriage itself is annulled.

Speak With a Pensacola Annulment Attorney Today

Annulment is a complex legal process that requires strong legal arguments and supporting evidence. At The Virga Law Firm, P.A., we help individuals determine whether an annulment or divorce is the best option for their situation.

Why Choose Our Firm?

• Experienced Florida family law attorneys with deep knowledge of annulment cases
• Clear guidance through the annulment process and legal filings
• Dedicated representation to protect your rights and future