Some marriages in Florida were never legally valid from the start. When fraud, coercion, lack of consent, or another serious defect is involved, an annulment may be the proper legal remedy. Kofsky Law handles contested and high-risk annulment cases where facts are disputed, and financial exposure is real. Led by Martin Kofsky, the firm approaches annulment cases with careful preparation, a clear strategy, and a firm command of Florida law.
Overview of Annulments in Florida
In Florida, an annulment is a court ruling that your marriage was void or voidable from day one. A divorce ends a valid marriage, while an annulment says the legal foundation was broken at the start. Courts rely on appellate decisions, not a single statute, which means the reasoning can be nuanced.
Annulments can be harder to secure than divorces because the court needs evidence that meets narrow legal grounds. That is where careful planning and strong proof matter. Here are a few core differences to keep in mind:
- Annulment treats the union as if it never legally existed, while divorce ends a valid marriage.
- Annulment requires proof of specific grounds, such as fraud, bigamy, or lack of consent.
- A court may still address children, property, and support, even if the marriage is declared void.
If you are unsure which path fits your situation, we can review the facts and explain what Florida courts look for.
Grounds for Annulment
Florida courts recognize several grounds that can justify an annulment. Some make a marriage void at the outset, while others make it voidable based on what the judge finds. Below are common grounds:
- Bigamy occurs when a spouse is already legally married to someone else.
- Incest occurs when the parties are closely related.
- Mental incapacity, a spouse lacked the capacity to consent at the ceremony.
- Due to the influence of drugs or alcohol, a spouse was so impaired that consent was not valid.
- Fraud or deceit, material lies, or concealment that go to the heart of the decision to marry.
- Duress, one spouse was forced or coerced into the marriage.
- Underage spouse, a party was under the legal age, and proper consent was not obtained.
Courts evaluate facts closely, and the type of proof you bring can make all the difference.
| Ground | Void or Voidable | What Courts Often Look For | Sample Evidence |
| Bigamy | Void | Existing lawful marriage to another person | Prior marriage certificate, lack of final divorce, and records from another state |
| Incest | Void | Prohibited degree of relation | Birth records, family tree, and DNA if needed |
| Mental incapacity | Voidable | No meaningful consent at the time of marriage | Medical records, expert opinions, witness accounts |
| Influence of drugs or alcohol | Voidable | Impairment so strong that consent was not real | Witness statements, photos or videos, hospital or police reports |
| Fraud or deceit | Voidable | Material lies or concealment tied to the decision to marry | Texts, emails, financial records, testimony |
| Duress | Voidable | Marriage caused by threats or force | Witnesses, messages, police reports, counselor notes |
| Underage spouse | Voidable | Age below the legal threshold without required consent | Birth certificate, absence of parental or court consent |
Timing can matter. Annulments pursued quickly after the ceremony often face fewer challenges than those filed much later.
How Kofsky Law Addresses Complex Annulment Cases
Annulment cases often involve disputed facts, concealed information, and high-value assets. Our team steps in early to control the record, lock down proof, and keep the case focused. We handle the hard cases that other firms often avoid.
Thorough Case Examination
We start with a careful review of your story, documents, and witnesses. If fraud, coercion, or incapacity is in play, we trace the timeline and look for gaps that support your claim.
Our team gathers texts, emails, financial records, and third-party records to build a clear trail. We prepare affidavits and testimony that show the court exactly what went wrong and why the marriage should not stand.
Representation in High-Asset and High-Conflict Annulments
Money disputes can turn an annulment into a fight. We map out accounts, property, and business interests, then press for protective orders and temporary relief where needed.
When emotions run hot, we keep the case on track. Your voice will be heard, and your goals will stay front and center.
Handling Nuanced Legal Arguments
Annulment law in Florida leans heavily on court decisions. We shape arguments that fit those rulings, especially in fraud and lack of consent cases.
From evidentiary rules to burden of proof, we argue the fine points with clarity. Our approach is practical and focused on getting results in the courtroom.
The Annulment Process in Florida: What to Anticipate
The process starts in circuit court with a petition asking the judge to annul the marriage. Strong proof is essential, since the judge must see that the marriage was invalid from the start. Here is what the path often looks like:
- Case review and strategy session to identify valid grounds.
- Filing the petition for annulment and related motions in circuit court.
- Serving the other spouse and handling any immediate temporary requests.
- Discovery, exchanging documents, subpoenas, depositions, and expert review.
- Hearings on disputed issues, including evidence and witness testimony.
- Final ruling, annulment granted or denied, with orders on children and property if needed.
The other spouse can contest the case and ask for a divorce instead. We prepare you for each step, from the first filing to a possible trial, so you know what is coming next.
Assets, Property, and Children in Annulment Cases
An annulment says the marriage was not valid, yet courts still address children, support, and property rights. Florida judges can set parenting plans, establish child support, and divide property when equity and fairness require it. The process often looks similar to a divorce on these topics.
Here are common issues a judge can decide in an annulment case:
- Child support, timesharing, and parental decision-making.
- Use of the home, division of assets and debts, and temporary support.
- Attorney fees and safeguards to prevent asset dissipation.
We push for orders that protect your finances and your children. Your goals guide the plan, and your child’s best interests remain the priority.
Why Choose Kofsky Law for Your Annulment Case?
Martin Kofsky has spent many years in family and marital law, bringing assertive advocacy and practical advice to each case. Our firm is built for challenging matters, including high-conflict disputes, high-net-worth issues, and sensitive fraud or coercion claims. We are steady in court and effective in negotiations.
We focus on real results that fit your goals, inside and outside the courtroom. Our family law practice covers the full range of needs, from annulments and divorce to custody, support, and agreements. When the stakes rise, we are the team you want at your side.
Take the First Step: Contact Kofsky Law Today
If you believe your marriage should be annulled, early action can preserve evidence and clarify your legal options. Contact Kofsky Law for a free consultation, call 561-407-0703, or reach us through our website. We welcome your questions, and we will give you a clear plan, straight talk on your options, and focused representation that protects your future.
