Fort Lauderdale Annulment Attorney

An annulment is not simply a faster or cheaper alternative to divorce. It is a legal declaration that a valid marriage never existed, and pursuing one requires satisfying grounds that Florida law recognizes as sufficient to void or voidable a marital union. For residents of Fort Lauderdale and Broward County, understanding this distinction matters before taking any legal steps, because the path to annulment is narrower than most people realize, and the consequences of misunderstanding it can leave spouses in legal limbo. Working with a Fort Lauderdale annulment attorney who understands both the substantive law and the local court procedures gives you clarity about whether annulment is actually available to you, and what to do if it is not.

Florida does not have a specific statute that governs annulment in the same way many states codify divorce. Instead, Florida courts rely on long-standing common law principles to determine whether a marriage can be declared void or voidable. A void marriage is one that was never legally valid from the start, regardless of whether a court ever reviews it. A voidable marriage was technically legal when entered into but can be set aside by a court because of circumstances present at the time of the ceremony. The distinction shapes everything from who can bring the action, to what evidence is required, to how property and support are handled after the court acts.

Fort Lauderdale’s diverse population and the frequency with which people relocate here from other states and countries means that annulment questions arise with real complexity. Marriages involving fraud, misrepresentation of immigration status, prior undisclosed marriages, or ceremonies conducted while one party lacked capacity are more common in a transient metropolitan area than in smaller communities. If you are questioning the validity of your marriage, the place to start is with a frank legal assessment, not with assumptions drawn from what annulments look like on television or in other states.

What Sandra Bonfiglio, P.A. Brings to Annulment Cases in Broward County

Sandra Bonfiglio, P.A. is a Fort Lauderdale-based family law firm focused on helping clients reach fair, lasting resolutions in matters that range from uncontested divorce and mediation to more complex family law situations. The firm serves clients in Fort Lauderdale, across Broward County, and in the St. Augustine area, and its approach centers on providing thoughtful, substantive legal guidance rather than pushing clients toward unnecessary litigation. For annulment matters, that orientation matters: many people who inquire about annulment ultimately have more practical options available, and understanding those options requires an attorney willing to explain the law honestly rather than simply pursue the action a client initially requests. The firm’s reputation for amicable, solution-focused representation translates directly into annulment work, where the goal is accurate legal assessment followed by efficient, respectful resolution. Whether your situation involves a short-duration marriage, a question of fraud or misrepresentation, or concerns about a spouse’s capacity at the time of the ceremony, Sandra Bonfiglio, P.A. can evaluate the specific facts and advise you on the most legally sound path forward.

Grounds and Issues That Arise in Florida Annulment Proceedings

• Bigamy or existing prior marriage: If either spouse was legally married to another living person at the time of the ceremony, the marriage is void from inception. This is one of the clearest grounds for annulment in Florida, and it requires documentary evidence of the prior marriage and its current status.
• Fraud or misrepresentation: A marriage may be voidable where one spouse induced the other to marry through material fraud, such as concealing a prior marriage, misrepresenting fertility or the intention to have children, or fabricating identity or immigration status. The fraud must have gone to the essence of the marriage, not merely a peripheral characteristic.
• Lack of mental capacity: If one spouse lacked the mental capacity to understand and consent to the marriage at the time of the ceremony, due to mental illness, intoxication, or cognitive impairment, the marriage may be voidable. Courts examine whether the affected party had a lucid interval and, critically, whether they ratified the marriage afterward by continuing to live as a married couple.
• Underage marriage without proper consent: Florida law sets age requirements for marriage, and a marriage entered into by a party who did not meet those requirements without proper parental or judicial approval may be voidable. The specifics depend on when the marriage occurred and the applicable law at that time.
• Duress or coercion: A marriage entered into under force, threats, or coercion that overcame a party’s free will can be challenged as voidable. Proving duress requires more than showing unhappiness with the marriage; there must be evidence that consent was not freely given.
• Incestuous marriages: Florida prohibits marriage between close blood relatives. A marriage that violates these prohibitions is void, not merely voidable, and no legal action is technically required to make it so, though a court declaration provides practical clarity.
• Inability to consummate the marriage: In some circumstances, a physical incapacity to consummate the marriage that was present at the time of the ceremony and unknown to the other spouse can support a voidable marriage claim, though courts scrutinize these cases carefully.

Pursuing an Annulment Through the Broward County Court System

Annulment petitions in Fort Lauderdale are filed through the Broward County Courthouse, located at 201 SE 6th Street in downtown Fort Lauderdale. The Family Law Division handles these matters, and the procedural requirements parallel those for other family court filings. A petition must be filed, the other spouse must be served, and the court will schedule hearings to evaluate the evidence. Unlike uncontested divorces, which can sometimes be resolved without a court appearance when parties are fully in agreement, annulment proceedings almost always require at least one hearing because the court must independently assess whether the legal grounds are satisfied.

One of the most important things to understand before filing is that Florida courts do not treat annulment as a procedural shortcut. Judges examine the evidence, weigh credibility, and can deny an annulment petition if the grounds are not substantiated or if the petitioner’s own conduct undermines the claim. Ratification is a significant issue: if a spouse continued to live with and treat the other as their spouse after discovering the grounds for annulment, a court may find that the voidable defect was ratified and the right to annulment waived. This is why timing and documentation both matter from the moment you begin considering this action.

Gather every document that speaks to the circumstances of the marriage. This includes the marriage certificate, any communications that reflect the representations made before the wedding, financial records, medical records if capacity is at issue, and evidence of the duration of cohabitation. If the grounds involve a prior undisclosed marriage, you will need documentation showing that prior marriage was valid and, if the other spouse claims it ended, proof that it did not. A Fort Lauderdale annulment attorney can help you identify what specific evidence applies to your situation and how to present it in a way the court will find persuasive.

One practical concern many clients raise is what happens to property, debts, and support after an annulment. Because an annulment declares the marriage void or voidable rather than dissolved, the equitable distribution framework that governs divorce does not automatically apply. Florida courts nonetheless have equitable authority to prevent unjust enrichment and address property that was acquired during what the parties believed was a valid marriage. The outcome depends heavily on the specific facts: how long the parties lived together, how finances were intermingled, and what each party contributed. Do not assume that annulment means walking away financially as though the marriage never happened in a practical sense; the legal result and the financial result can look different, and your attorney should address both.

When Annulment Is Not Available: Knowing Your Actual Options

A significant portion of people who contact a Fort Lauderdale annulment attorney do so because they want to undo a short marriage or one that clearly was a mistake. Length of the marriage, by itself, is not a ground for annulment under Florida law. A marriage of two weeks that does not otherwise meet one of the recognized grounds is not voidable simply because it was brief. In these situations, divorce, including an uncontested divorce or a mediated resolution, may be the more appropriate and far more accessible path.

This is not a failure of legal options; it is simply the structure of Florida law. An uncontested divorce in Florida can be finalized in a relatively short period when both parties agree on all material issues, including property division, debt allocation, and, if applicable, arrangements for any children. For couples without children and without significant shared assets, Florida’s Simplified Dissolution of Marriage process may also be available. The procedural simplicity of these alternatives often makes them equally fast and less legally risky than attempting an annulment on grounds that the court may reject.

There is also a religious dimension that sometimes motivates annulment inquiries. A civil annulment through the Florida court system is legally distinct from a religious annulment granted by a church or other religious institution. The two processes operate independently, and one does not produce the other. If your goal is a religious annulment, you should pursue that through your institution’s own processes, which run parallel to, not through, the civil court system. If your goal is a legal determination that your marriage was invalid, that is the civil proceeding described on this page.

Questions People Actually Ask About Annulment in Florida

What is the difference between a void and a voidable marriage in Florida?

A void marriage is one that was legally invalid from the start, such as a bigamous or incestuous marriage. It has no legal effect regardless of whether a court formally declares it void. A voidable marriage was technically legal when entered into but can be set aside by a court due to a defect present at the time of the ceremony, such as fraud, duress, or lack of capacity. Only the injured party can typically challenge a voidable marriage, and that right can be lost through ratification.

How long does an annulment take in Broward County?

The timeline depends on whether the other spouse contests the action and how complex the evidentiary issues are. An uncontested annulment where both parties agree on the grounds and on the disposition of any shared property can sometimes be resolved in a few months. Contested cases, where the other spouse disputes the grounds or where significant financial issues are in play, take longer and require more extensive court involvement. The Broward County Family Law Division’s scheduling also influences the timeline.

Can I get an annulment if I was married for only a few months?

The duration of your marriage is not itself a legal ground for annulment under Florida law. A short marriage does not automatically qualify for annulment. You still need to establish one of the recognized grounds, such as fraud, bigamy, or lack of capacity. If no qualifying ground exists, an uncontested divorce may be a faster and more straightforward resolution than attempting an annulment that courts are likely to deny.

What happens to property we acquired during the marriage if it is annulled?

Because an annulment does not invoke the same equitable distribution framework as divorce, the outcome is less predictable. Florida courts can exercise equitable authority to prevent unjust enrichment, which may result in some division of intermingled assets or reimbursement of contributions. This is a fact-intensive analysis, not a formula. The way finances were managed, what each party contributed, and what was acquired with whose funds all influence how a court approaches this question.

Does Florida require a waiting period before filing for annulment?

Florida does not impose a waiting period for filing an annulment petition the way some states impose a separation period before divorce. However, the practical consideration is ratification: the longer you continue to live as a married couple after learning of the grounds for annulment, the stronger the argument becomes that you waived the right to seek it. Acting promptly once you become aware of a potentially annulling defect is important for preserving your legal options.

Can a child born during a voidable marriage be considered legitimate?

Yes. Florida law treats children born during a marriage that is later annulled as legitimate. The annulment of the marriage does not affect the legal relationship between a parent and child, parental rights and responsibilities, or child support obligations. These matters are addressed as part of the annulment proceeding if they have not been separately established.

If my spouse was married before and did not tell me, is that grounds for annulment?

Potentially, yes, but the analysis depends on whether that prior marriage was still legally valid at the time of your ceremony. If your spouse’s prior marriage ended in a valid divorce or by the death of the prior spouse, the fact that they did not mention it is not legally sufficient for annulment, though it may reflect a pattern of dishonesty that influences other issues. If the prior marriage was still legally in effect, your marriage to this person is bigamous and void from inception.

Will an annulment affect my immigration status or visa?

This is a question that requires consultation with both a family law attorney and an immigration attorney, because the intersection of these two areas is fact-specific and the consequences can be significant. If a marriage was used as the basis for a visa petition or a green card application, a subsequent finding that the marriage was void or fraudulent can have serious immigration implications. Do not assume that annulment is harmless from an immigration standpoint without getting advice from both practice areas.

Can both parties agree to an annulment, or does one person have to oppose it?

Both parties can agree that the marriage should be annulled, but agreement alone does not make annulment legally available. A court still must find that one of the recognized legal grounds is present. If both spouses agree that a ground exists and stipulate to the relevant facts, the proceeding is likely to move faster and require less court involvement. But a court will not grant an annulment simply because both parties prefer it to divorce if the legal requirements are not met.

Is there any advantage to annulment over divorce for property purposes in Florida?

Not necessarily, and in some respects annulment can create more uncertainty. Divorce in Florida triggers a well-established equitable distribution process with clear statutory guidance. Annulment does not. The court’s equitable authority in an annulment case is real but less predictable. For most couples with any meaningful shared financial history, divorce, particularly an uncontested or mediated divorce, provides a clearer and more structured financial resolution.

Annulment Representation Across Fort Lauderdale and South Florida

Sandra Bonfiglio, P.A. serves clients throughout Fort Lauderdale and the broader South Florida region. In Fort Lauderdale itself, the firm assists clients from neighborhoods and communities including Flagler Village, Victoria Park, Rio Vista, Tarpon River, Sailboat Bend, Edgewood, Dorsey-Riverbend, Progresso Village, Lauderdale Manors, and the areas surrounding Las Olas Boulevard and the beach corridor. Beyond Fort Lauderdale’s city limits, the firm represents clients in Plantation, Davie, Weston, Cooper City, Miramar, Hollywood, Hallandale Beach, Dania Beach, Pompano Beach, Deerfield Beach, Coral Springs, Tamarac, Lauderhill, North Lauderdale, Margate, and Coconut Creek. The firm also serves clients in the St. Augustine and St. Johns County area, where the same Florida annulment laws apply through the St. Johns County court system. Whether your situation involves the Broward County Family Law Division or courts further north, the firm brings the same analytical, client-focused approach to evaluating your case and advising on the best legal path forward.

Speak with a Fort Lauderdale Annulment Attorney at Sandra Bonfiglio, P.A.

If you believe your marriage may be legally void or voidable, or if you are simply trying to understand what your options are after a short or troubled marriage, the right place to start is with a direct conversation about your specific facts. A Fort Lauderdale annulment attorney at Sandra Bonfiglio, P.A. can assess whether the grounds for annulment are present, explain the procedural steps involved in Broward County, and advise you honestly on whether annulment or another form of resolution better fits your situation. There is no benefit to pursuing a legal action that the court is likely to deny when other paths are available, and there is no reason to delay when a valid ground exists and timing matters. Contact Sandra Bonfiglio, P.A. to schedule a consultation and get the legal clarity you need to move forward.