St. Petersburg Annulment & Divorce Attorney

An annulment is a legal process that declares a marriage null and void, as if it never legally existed. Unlike a divorce, which ends a valid marriage, an annulment treats the marriage as though it was never legally binding to begin with. Some people wishing to end their marriage might think seeking an annulment is preferable to divorce, but annulments are only granted under very limited circumstances in Florida and require specific legal grounds to be proven in court. Even if an annulment is an option, divorce might still be the better choice. To make the right decision that best meets your needs, contact the Law Office of Kevin F. Coleman to discuss your situation with a knowledgeable and experienced St. Petersburg annulment & divorce attorney.

Legal Criteria for an Annulment in Florida

Florida law does not have a specific statute governing annulments, meaning they are largely based on case law and judicial discretion. Courts may grant an annulment if one of the following legal grounds exists:

• Bigamy: If one spouse was already legally married to someone else at the time of the marriage, the union is considered void and subject to annulment.
• Incest: Marriages between close relatives, such as siblings or parent-child relationships, are considered void.
• Fraud or Misrepresentation: If one spouse entered the marriage based on significant deception—such as hiding an inability to have children or entering the marriage solely for immigration benefits—an annulment may be granted.
• Lack of Consent: If a spouse lacked the mental capacity to consent due to intoxication, mental illness, or coercion at the time of marriage, the union may be annulled.
• Duress or Force: If a marriage occurred due to threats or coercion, it may not be legally valid.
• Failure to Consummate: If one spouse is physically incapable of consummating the marriage and this fact was not disclosed before the wedding, annulment may be an option.
• Underage Marriage: If one or both spouses were under the legal age to marry and did not obtain proper parental or judicial consent, the marriage may be annulled.

Because annulments are only granted under very specific circumstances, they are much less common than divorce.

How to Get an Annulment in Florida

Obtaining an annulment requires filing a petition in court and proving one of the recognized legal grounds. The process typically includes the following steps:

1. Filing a Petition: The spouse seeking annulment must submit a formal request to the court stating the legal basis for annulment.
2. Providing Evidence: The petitioner must present evidence supporting their claim, such as witness testimony, medical records, or documents proving fraud or bigamy.
3. Court Hearing: A judge will review the case and determine whether the legal criteria for annulment have been met.
4. Judgment of Annulment: If the judge grants the annulment, the marriage is declared legally void, and both parties return to their pre-marital status.

When Is an Annulment Preferable to Divorce?

Some individuals prefer annulment over divorce due to personal, religious, or financial reasons. For example, an annulment can be beneficial for those who wish to avoid the stigma of divorce or for religious reasons where divorce is not permitted. Additionally, an annulment may allow a spouse to contest certain financial obligations that might arise from a divorce, such as spousal support.

Why Divorce Might Be the Better Choice

Even if annulment is an option, divorce is often the more practical choice. Annulments require proving specific legal grounds, which can be difficult and time-consuming, in contrast to divorces which can be granted on the no-fault ground of irreconcilable differences. Additionally, annulment does not address important issues like property division, alimony, or child custody, which must still be resolved separately. Divorce provides a clearer legal framework for resolving these matters and may be a simpler, more efficient process for most couples.

Legal Assistance for Annulment Cases in St. Petersburg, Florida

Because annulments are rare and require specific legal arguments, working with an experienced family law attorney is essential. The Law Office of Kevin F. Coleman can assess whether annulment is a viable option in your case and guide you through the legal process. Whether seeking an annulment or considering divorce, St. Petersburg lawyer Kevin F. Coleman provides knowledgeable and compassionate legal counsel to help you make the best decision for your circumstances. Contact the Law Office of Kevin F. Coleman today to discuss your legal options.