Orlando Annulment Lawyer
Helping You Navigate the Legal Path Toward a Fresh Start
The Donna Hung Law Group practices family law in Orlando to guide people through life’s most challenging and important transitions. For some, that transition involves not dissolving a marriage through divorce, but seeking to have the marriage declared legally void through annulment. Annulment is a unique legal remedy that treats a marriage as though it never existed, and it requires specific circumstances and significant legal analysis. If you believe your marriage may qualify for annulment under Florida law, our attorneys are here to protect your rights, evaluate your options, and provide a strong and informed voice on your behalf.
Clients of the Donna Hung Law Group receive detailed explanations, straightforward advice, and ongoing communication throughout their case. You will always know what to expect in the annulment process, what evidence may be required, and what legal standards apply. Our Orlando annulment lawyers take a solution-focused, strategic approach to help you achieve a favorable outcome efficiently and effectively.
Understanding Annulment in Florida
Annulment is different from divorce. In a divorce, the court dissolves a valid marriage. In an annulment, the court declares that the marriage was never valid to begin with. Florida does not have a specific annulment statute, but courts recognize annulment through longstanding case law. Because annulment is based on limited legal grounds, the process requires presenting a strong factual and evidentiary basis.
An annulment may be granted if the marriage was void from the start or voidable due to circumstances that undermine genuine consent or legal capacity. The Donna Hung Law Group helps individuals understand whether their situation meets the standards required by Florida courts.
Grounds for Annulment in Florida
While judges consider annulment requests on a case-by-case basis, Florida recognizes several common grounds. These may render a marriage either void or voidable:
- Bigamy
- Incest
- Lack of mental capacity
- Duress or coercion
- Fraud used to induce marriage
- Underage marriage without proper consent
- Impotence not disclosed before marriage
- Sham or joke marriage without genuine intent
- Temporary insanity or intoxication at the time of ceremony
Understanding which category your situation falls under is an essential first step. Our attorneys thoroughly review the facts of your marriage to determine the most appropriate legal path.
Void vs. Voidable Marriages
Florida distinguishes between void and voidable marriages. This distinction affects the type of evidence needed and the legal remedies available.
Void Marriages
A void marriage is invalid from the moment it occurs. It legally never existed and cannot be ratified. Examples include:
- A marriage between close family members
- A marriage where one spouse was already married
Even though void marriages are automatically invalid, a court ruling is often still needed to formally recognize the annulment for legal and practical purposes.
Voidable Marriages
These are marriages that are considered valid unless challenged. They may be annulled if one spouse proves specific legal grounds, such as fraud, duress, or incapacity. Voidable marriages require the court to evaluate evidence before issuing a ruling.
Important Considerations in Annulment Cases
Annulment cases can be complex, emotional, and highly fact-specific. Individuals pursuing an annulment should understand several key considerations:
- The burden of proof can be higher than in divorce cases
- Evidence (messages, documentation, testimony, witnesses) is often critical
- Courts carefully examine whether post-marriage conduct “ratified” the union
- Annulment may affect property rights, support, and parental issues
- Some grounds must be raised promptly, or the right to annulment may be lost
The Donna Hung Law Group works closely with clients to gather evidence, prepare testimony, and present a clear narrative to the court.
Differences Between Annulment and Divorce
Annulment and divorce both end a relationship, but the outcomes are very different:
- Divorce terminates a valid marriage
- Annulment legally erases the marriage as if it never occurred
- Divorce involves equitable distribution of marital assets
- Annulment may limit certain financial claims, depending on the circumstances
Our attorneys help clients understand which option aligns with their goals and legal rights.
What to Do If You Are Considering Annulment in Orlando
Taking the correct first steps can improve your chances of obtaining an annulment. Individuals considering annulment should:
- Consult an annulment attorney as soon as possible
- Gather all documents and evidence related to the marriage
- Avoid actions that may be interpreted as confirming or “ratifying” the marriage
- Seek legal advice before separating or moving out
- Document coercion, fraud, incapacity, or any other grounds claimed
- Consider potential financial and parental implications
The Donna Hung Law Group offers strategic guidance from the very first consultation to ensure clients are informed and protected.
The Annulment Process in Florida
Although Florida does not have a specific annulment statute, the process generally follows established family law procedures.
Filing a Petition for Annulment
The process begins with filing a petition laying out the legal grounds supporting annulment. The petition includes:
- Identification of both spouses
- Statement of the marriage date
- Detailed explanation of the legal grounds claimed
- Specific relief requested
Serving the Respondent
The other spouse must be formally served with the annulment petition. They have the right to respond, contest allegations, or file counterclaims.
Evidence Collection and Hearings
Annulment cases often involve evidence such as:
- Witness testimony
- Medical or mental health documents
- Text messages or written communications
- Financial records
- Records demonstrating fraud or coercion
Courts may hold evidentiary hearings to evaluate testimony and determine credibility.
Court Ruling and Final Judgment
If the court finds sufficient grounds, it issues a Final Judgment of Annulment. This ruling legally voids the marriage and restores the parties to their prior legal status.
Issues Related to Children and Property in Annulments
Even though an annulment treats a marriage as though it never existed, children born to the parties remain legally protected.
In annulment cases, the court may address:
- Parenting plans
- Timesharing
- Child support
- Responsibility for expenses
In some circumstances, courts may also address property or financial issues to ensure fairness, especially when both spouses contributed to shared assets.
Comprehensive Orlando Family Law Practice
The Donna Hung Law Group handles a broad range of family law matters beyond annulment. Our experienced attorneys assist clients with divorce, child custody, parenting plans, domestic violence issues, paternity, mediation, enforcement actions, and modification proceedings.
Our firm provides representation in:
- Annulment and marriage validity cases
- Divorce and separation matters
- Domestic violence injunctions
- Child custody cases
- Contempt and enforcement issues
- Post-judgment modifications
We take an individualized approach to every case, advocating firmly for your best interests and long-term stability.
Orlando Family Courthouse Information
Annulment cases in Orlando are typically handled within the Ninth Judicial Circuit Court of Florida.
Orange County Courthouse
425 N. Orange Avenue
Orlando, FL 32801
Phone: (407) 836-2000
Website: www.ninthcircuit.org
Hearings may involve testimony, evidentiary review, and judicial findings regarding the validity of the marriage.
Orlando Annulment FAQs
What is the difference between annulment and divorce?
A divorce ends a valid marriage, while an annulment declares a marriage invalid from the start.
How do I know if I qualify for annulment?
Qualification depends on whether legal grounds exist, such as fraud, coercion, bigamy, lack of capacity, or other recognized factors.
Does annulment affect children?
No. Children remain legally protected, and courts may establish parenting plans and child support.
How long does an annulment take in Florida?
The timeline varies based on the complexity of evidence, whether the petition is contested, and court scheduling.
Can my spouse fight the annulment?
Yes. They may challenge the facts or argue the marriage should be dissolved through divorce instead.
Serving Throughout Orlando
- Baldwin Park
- College Park
- Lake Nona
- Winter Park
- Thornton Park
- Dr. Phillips
- MetroWest
- Hunters Creek
- Avalon Park
- Windermere
- Celebration
- Waterford Lakes
- Mills 50 District
- Audubon Park
- Conway
- South Eola
- Bay Hill
- Lake Como
- Lake Mary
- Vista Lakes
Orlando Annulment Lawyers Here for You When You Need Us
At the Donna Hung Law Group, we understand that seeking an annulment can be emotionally and legally complicated. Our attorneys provide compassionate guidance, firm advocacy, and the strategic support you need. Whether your case is straightforward or highly contested, we are here to help you pursue the fresh start you deserve.
Call the Donna Hung Law Group at 407-999-0099 to schedule a confidential consultation and take the first step toward clarity and resolution.
