Is annulment paperwork the same as uncontested divorce in Florida?

Full question:

Is the paperwork for annulment (uncontested) basically same as uncontested divorce in Florida? I heard the financial document must be filed for family law cases even in uncontested divorce in FL, but a lawyer said no need to file (or attach the paperwork?) some financial documents for annulment (uncontested). Accidentally, my husband has committed bigamy. He divorced 15 yrs ago in FL and married me 7 yrs ago in my country (I'm not U.S citizen), recently found out the divorce wasn't completed. We are overseas now, but his first wife in FL will do the paperwork. They have no kids and property because he left FL to be stationed overseas the next day they married. Her lawyer said they need to get an annulment because the financial disclosure can be waived. Divorce or annulment, I'd like to know which one is quicker and cheaper. Also, I need to know if our marriage is going to valid legally in the U.S when they finalize the divorce.

• Category: Divorce
• Subcategory: Annulment
• Date: 04/07/2025
• State: Florida

Answer:

Marriages can end through either dissolution (divorce) or annulment. An annulment is often preferred for religious reasons and asserts that a valid marriage never existed. In Florida, annulments are not governed by specific statutes; they follow general venue rules and are filed in circuit court. The innocent party or their legal representative can initiate the process, and there are no time limits for filing.

Annulment is suitable when one party lacked the capacity to marry, such as due to a prior existing marriage, intoxication, or mental incapacity. Other grounds include lack of intent to marry, duress, or fraud. However, if a party ratifies the marriage after knowing about the defects, they may lose the right to seek annulment.

In Florida, divorce does not require proof of fault. The grounds for divorce are that the marriage is irretrievably broken or one party is mentally incompetent. At least one spouse must have lived in Florida for six months before filing for divorce, and the court must have jurisdiction over the other spouse (Fla. Stat. § 61.021).

In terms of financial disclosure, Florida law requires financial documents for divorce cases, but these may be waived in annulment cases. Therefore, if annulment is pursued, the process might be quicker and cheaper, especially since there are no children or property involved.

Regarding the legality of your marriage in the U.S., if your husband's divorce is finalized, your marriage may be considered valid. However, it is advisable to consult a legal professional to ensure compliance with all legal requirements.

Please also note that bigamy is a criminal offense in Florida (Fla. Stat. § 826.01).