Florida Annulment Laws: Grounds, Case Law and How It Works (2026)

Florida's dissolution and marriage statutes (chapter 61 Part I and chapter 741) contain no annulment section, but Florida courts do annul marriages. Annulment in Florida is a court-made action: a judge may annul a validly contracted marriage only on proof of "recognized grounds," a rule set out in Sack v. Sack (Fla. 3d DCA 1966) and repeated by the Third District Court of Appeal in 2025.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers annulment of marriage under Florida case law (Sack v. Sack, Smithers v. Smithers, Rojas v. Londono) and the Florida Statutes that bear on it (sections 741.04, 741.21, 741.211, 826.01, 826.02, 49.011, 61.021, 61.052, 61.079 and 61.08). It does not cover religious annulment, annulments granted in other states, immigration consequences, or divorce procedure. For ending a valid marriage, see Florida divorce laws.

Does Florida have an annulment law?

Florida does not have a statute setting out annulment grounds or procedure in its dissolution and marriage chapters, but annulment is available through the courts. The relevant indexes are the complete section lists of Florida Statutes chapter 61 Part I (sections 61.001 through 61.455, dissolution of marriage) and chapter 741 (sections 741.01 through 741.4651, marriage), along with the chapter lists of Titles VI and XLIII. No section is titled annulment or addresses it. Other statutes do refer to annulment actions: Fla. Stat. 49.011(4) allows service by publication in an action "For dissolution or annulment of marriage," and Fla. Stat. 61.56(5)(a), a collaborative-law definition, lists annulment among matters arising under chapter 61. Neither sets annulment grounds.

Instead, annulment rests on case law. In Sack v. Sack, 184 So. 2d 434, 436 (Fla. 3d DCA 1966), the court stated the rule that the Third District quoted again in Rojas v. Londono, No. 3D24-0455 (Fla. 3d DCA Jan. 8, 2025):

"Where a marriage is validly contracted it should not be dissolved other than by divorce, or by a decree of annulment supported by allegation and proof of recognized grounds for annulment of marriage."

Florida courts do enter annulment judgments. Smithers v. Smithers, 804 So. 2d 489 (Fla. 4th DCA 2001), reviewed a final judgment annulling a marriage, and Rojas reviewed a trial court's refusal to grant one.

Grounds for annulment in Florida

Sack set out the recognized grounds by quoting a Florida legal treatise (10 Fla. Jur., Divorce, Separation and Annulment, section 308) and adopting them as the "grounds for annulment as outlined above." The court's list:

"A marriage may be annulled for any cause which has prevented the parties from contracting a valid marriage. The invalidity of a marriage may arise from (1) a want of legal capacity to contract, or a statutory prohibition against the type of marriage in question, (2) a want of mental capacity to contract, (3) a lack of actual consent to the contract, (4) a consent wrongfully procured by force, duress, fraud, or concealment, and (5) a lack of physical capacity to consummate."

Where a marriage is voidable for fraud or misrepresentation, Sack (citing Higgins v. Higgins, 146 So. 2d 122 (Fla. 1st DCA 1962)) treats the innocent party as the one who may seek the annulment.

Several Florida statutes bear on the "statutory prohibition" part of that list. The table shows what each one says and what is still unsettled.

Section 741.21, titled "Incestuous marriages prohibited," reads:

"A man may not marry any woman to whom he is related by lineal consanguinity, nor his sister, nor his aunt, nor his niece. A woman may not marry any man to whom she is related by lineal consanguinity, nor her brother, nor her uncle, nor her nephew."

When a Florida court may refuse an annulment

Under Sack, a recognized ground must be both alleged and proved. Rojas v. Londono shows the point in practice. The Third District affirmed the denial of an annulment where the trial court found that the marriage had been consummated and that there was no immigration fraud.

Is there a deadline to file for annulment in Florida?

This page does not state one. The Florida statutes cited here do not set a time limit for annulment, and this page does not cite a Florida case that sets a deadline for any particular ground or explains when living together after learning the truth bars the claim. That is a limit of this page, not a finding that timing never matters. A lawyer licensed in Florida can tell you how timing and later conduct may affect a specific case.

Annulment and common-law marriage in Florida

Some people ask about annulment because they are unsure they were ever validly married. Under Fla. Stat. 741.211, "No common-law marriage entered into after January 1, 1968, shall be valid," with an exception for a marriage that, though otherwise defective, "was entered into by the party asserting such marriage in good faith and in substantial compliance with this chapter." For more on this, see Florida common-law marriage.

Underage marriage rules since 2018

Chapter 2018-81, Laws of Florida (CS/CS/SB 140), took effect July 1, 2018. It amended section 741.04(1) so that no marriage license may issue to anyone under 18 unless the person is at least 17, has the acknowledged written consent of a parent or guardian, and the other party is not more than 2 years older. The act also repealed section 741.0405.

That sets a licensing floor of 17, not an absolute minimum of 18. Section 741.04's history line shows no later amendment. The Florida statutes cited here do not say whether a marriage entered without a valid license by someone under 17 is void or voidable.

How annulment cases are filed in Florida

Annulment cases are heard in Florida's circuit courts; Rojas, for example, came to the Third District from the Miami-Dade circuit court. Because the statutes cited here do not set out annulment procedure, the rules on residency and filing are not spelled out the way they are for divorce.

The six-month residency requirement in Fla. Stat. 61.021 applies by its terms "To obtain a dissolution of marriage." This page does not say whether a court applies it to an annulment; ask the court clerk or a Florida lawyer.

This page does not cite an official Florida court form or self-help page for annulment. This page does not cover the Florida courts' forms index, so that is not a finding that none exists. The clerk of the circuit court in your county, or a Florida family lawyer, can say what a petition must contain.

Alimony, property and names after a Florida annulment

The sources on this page speak to temporary relief, not final property division. In Smithers, the Fourth District held that the trial court "has equitable jurisdiction to award temporary relief, even in cases of a bigamous marriage," upholding temporary alimony and attorney fees (citing Burger v. Burger, 166 So. 2d 433 (Fla. 1964)).

Smithers also describes Burger as barring permanent alimony and fees to a putative wife who was the wrongdoer or equally responsible for the situation. Burger predates Florida's 2023 alimony law (chapter 2023-315): since July 1, 2023, Fla. Stat. 61.08(1)(a) lists temporary, bridge-the-gap, rehabilitative and durational alimony in a dissolution, and permanent alimony is not among them. Whether a court can order longer-term alimony or divide property after an annulment in other circumstances is not covered by this page. For how alimony works in a divorce, see Florida alimony laws.

On names, the wife in Smithers had kept her husband's surname by common-law use, and the court refused to order her to stop using it, quoting Warfield v. Warfield, 661 So. 2d 924 (Fla. 4th DCA 1995): "no one may request a name change for another person without that person's express consent."

Putative spouses

Florida appellate decisions use the concept of a "putative wife" or "putative spouse" when deciding equitable relief in void, bigamous marriages. Smithers describes this line of cases, including Therry v. Therry, 117 Fla. 453, 158 So. 120 (1934), and Burger. The chapter 61 and chapter 741 section lists contain no putative-spouse statute.

A premarital agreement in a void marriage

If the couple signed a prenup, Fla. Stat. 61.079(8) provides that when a marriage is determined to be void, the agreement is enforceable only to the extent necessary to avoid an inequitable result.

Children of an annulled marriage

This page does not cover how an annulment affects the legal status of children in Florida. For divorce, Fla. Stat. 61.052(4) provides that a dissolution judgment does not make a child of the marriage a child born out of wedlock, but that section addresses dissolution, not annulment. A Florida family lawyer can explain how parentage, child support and custody are handled in an annulment case. For custody rules generally, see Florida child custody laws.

Annulment vs divorce in Florida

A divorce, which Florida calls dissolution of marriage, ends a valid marriage. Under Fla. Stat. 61.052(1), the grounds are that the marriage is irretrievably broken or that one party has been adjudged mentally incapacitated for at least 3 years. An annulment instead rests on a defect that prevented a valid marriage from being formed, proved under the Sack grounds. See Florida divorce laws for the dissolution process, and Florida marriage and divorce records for obtaining certified copies.

A religious annulment and a court annulment are separate processes; only a court judgment changes legal marital status.

Disclaimer: This article provides general legal information about annulment under Florida case law and the Florida Statutes named above. It is not legal advice. The information was verified on 2026-10-08 and the law can change. For advice about your situation, consult a lawyer licensed in Florida or the clerk of the circuit court in your county.

Related

• Annulment laws in every state
• Florida divorce laws
• Florida common-law marriage
• Florida alimony laws
• Florida marriage and divorce records

Last updated: 2026-10-08.

Frequently Asked Questions

Is there an annulment statute in Florida?

Not one that sets annulment grounds or procedure. The section lists of Florida Statutes chapter 61 Part I and chapter 741 contain no annulment section, so Florida courts decide annulments under case law such as Sack v. Sack (Fla. 3d DCA 1966). Some statutes refer to annulment actions, such as Fla. Stat. 49.011(4) on service by publication.

Can you get an annulment in Florida after the marriage was consummated?

Consummation can matter. In Rojas v. Londono (Fla. 3d DCA 2025), the appeals court affirmed the denial of an annulment where the trial court found the marriage was consummated and found no immigration fraud.

Is a marriage to someone who was already married annulled in Florida?

It can be. In Smithers v. Smithers (Fla. 4th DCA 2001) the trial court entered a final judgment annulling the marriage on the grounds of bigamy, and bigamy is a third-degree felony under Fla. Stat. 826.01.

How long do I have to file for an annulment in Florida?

This page does not state an annulment deadline; the Florida statutes cited here do not set one. A Florida family lawyer can tell you whether timing or conduct after the marriage affects your claim.

Can I get alimony after an annulment in Florida?

Temporary alimony and fees have been upheld even in a bigamous marriage (Smithers v. Smithers, citing Burger v. Burger). Whether longer-term alimony or a property division is available after an annulment is not covered by the sources this page relies on. Those cases predate Florida's 2023 alimony law, under which Fla. Stat. 61.08(1)(a) lists temporary, bridge-the-gap, rehabilitative and durational alimony in a dissolution, not permanent alimony.

Do I need to live in Florida for six months to get an annulment?

The six-month residency rule in Fla. Stat. 61.021 is written for obtaining a dissolution of marriage. This page does not say whether it applies to annulment, so ask the clerk or a Florida lawyer.

Is a church annulment the same as a court annulment in Florida?

No. A religious annulment and a court annulment are separate processes, and only a court judgment changes your legal marital status.