Annulment Attorney in Miami

Board Certified Family Law Attorneys. Serving Miami-Dade Since 2010.

An annulment is a legal declaration that a marriage was never valid under Florida law. Unlike a divorce, which ends a legally recognized marriage, an annulment treats the marriage as though it never existed. Florida has no specific annulment statute, so these cases are governed entirely by common law and decades of appellate court decisions. Annulments are granted in limited circumstances and require proving a specific legal defect that existed at the time of the marriage ceremony.

At Abramowitz & Associates, we handle annulment cases as part of an exclusively family and marital law practice. Evan L. Abramowitz and Jordan B. Abramowitz are both Board Certified in Marital and Family Law by the Florida Bar, a designation that requires passing rigorous examinations, years of accumulated practice, and peer approval. Our firm has handled complex family law matters at both trial and appellate levels since 2010.

If you’re considering an annulment in Miami, call (754) 240-7536 to schedule a free one-hour consultation. Virtual meetings are available.

Grounds for Annulment in Florida

Florida distinguishes between two categories of invalid marriages: void marriages and voidable marriages. This distinction controls who may file a petition, what evidence is required, and the legal effect of the court’s ruling.

Void Marriages

A void marriage is invalid from the moment it occurs. No court action is technically required to undo it, though obtaining a formal judgment establishes an official legal record. Void marriages in Florida include bigamous marriages, marriages between close blood relatives, and marriages where one party permanently lacked the mental capacity to consent.

Voidable Marriages

A voidable marriage is presumed valid until a court declares otherwise. Grounds recognized under Florida common law include fraud or material misrepresentation, duress or coercion, temporary incapacity due to intoxication or mental illness at the time of the ceremony, an underage spouse who lacked required parental or court consent, and impotence where one spouse was unable to consummate the marriage due to a permanent physical condition not disclosed before the wedding.

Two rules govern who can file and when. Only the innocent party may seek annulment of a voidable marriage; a party who participated in the fraud or knew of the disqualifying condition at the time can’t later seek annulment on that ground. And because Florida presumes all marriages are valid, the burden of proof rests on the party seeking annulment.

Financial & Parenting Consequences of an Annulment

Because an annulment treats the marriage as though it never existed, the equitable distribution framework that applies in divorce generally doesn’t apply. Each party typically leaves with the property they brought into the relationship. Alimony is generally unavailable after an annulment, though courts have discretion to award temporary support in limited circumstances, such as cases involving fraud.

For individuals with significant assets, this is a material distinction from divorce that warrants careful legal analysis before choosing a path. Jointly held property, financial arrangements, and trusts formed during the marriage may all be affected and should be reviewed before filing.

Children born during an annulled marriage retain their legal legitimacy under Florida law. Child custody, timesharing, and child support are resolved separately under Florida’s family law statutes and aren’t extinguished by the annulment.

The Annulment Process in Miami-Dade County

Annulment petitions in Miami-Dade County are filed in the Family Division of the Eleventh Judicial Circuit. Florida has no standardized Supreme Court-approved forms for annulment petitions, so the process relies on Florida case law and the Family Law Rules of Procedure. The petitioning spouse files and serves the petition on the other spouse, who may contest the annulment or counterclaim for divorce.

Evidence commonly required depends on the grounds asserted:

• Bigamy: Documentation of the prior existing marriage
• Incapacity: Medical or psychological records establishing the condition at the time of the ceremony
• Fraud or coercion: Communications, records, or witness testimony demonstrating the conduct
• Underage marriage: Documentation that required consent was absent

For voidable marriages, timing matters. Courts look at whether the petitioner acted within a reasonable time after discovering the grounds and whether any conduct after discovery may have ratified the marriage. If an annulment is denied, divorce remains available as an alternative path.

Why Miami Clients Choose Abramowitz & Associates

Our practice is devoted exclusively to family and marital law. That focus means annulment petitions are handled by attorneys whose entire practice is built around the legal and financial nuances these cases demand, not attorneys dividing attention across multiple fields.

Board Certified Attorneys & Firm Credentials

Evan L. Abramowitz and Jordan B. Abramowitz each hold Board Certification in Marital and Family Law, reflecting their depth of knowledge in this area. Evan is also a certified family law mediator, giving clients an efficient alternative when litigation isn’t the right fit, and was selected for inclusion in the National Advocates Top 40 Under 40. Jordan sits on the board of Kidside Inc., a non-profit that provides funding to family court services helping children and families in family law conflict.

Appellate Capability & High-Net-Worth Experience

We’re one of the only firms in Miami that handles family law appeals. When an annulment ruling is disputed or requires appellate review, that capability matters. We’ve handled complex cases, including high-net-worth matters, at both the trial and appellate levels.

Accessibility & Client Feedback

Our clients have 24/7 access to our team for urgent questions and decisions. We consistently receive positive feedback for reliability, professionalism, and effectiveness, and most of our work comes through referrals.

Schedule a Free Consultation to Discuss Your Case

If you’re weighing whether an annulment is the right legal path, the first step is a conversation. We offer free one-hour consultations to review your situation, explain your options, and help you decide how to proceed. Virtual meetings are available for clients throughout Miami-Dade County.

Call (754) 240-7536 or reach us through our online contact form to schedule your consultation with Abramowitz & Associates.