Void and Voidable Marriages in Florida
Understanding Invalid Marriages
Not all marriages in Florida are legally valid. Under family law, invalid marriages fall into two categories: void marriages and voidable marriages. While the terms may sound similar, they carry very different legal consequences for spouses and families.
At McGuire Law Offices, we help clients across Clearwater, Pinellas County, and the greater Tampa Bay area navigate complex cases involving annulments, void marriages, and voidable marriages. Understanding the difference is essential when deciding whether to pursue a divorce, annulment, or another legal remedy.
Void vs. Voidable Marriages in Florida
- Void marriages are considered legally invalid from the start. They are a complete nullity, meaning no court order is technically required to prove the marriage never existed. However, seeking a judicial annulment is still recommended to establish legal clarity and protect your rights.
- Voidable marriages are initially valid but can be annulled if one of the parties petitions the court. If no action is taken, the marriage remains legally binding. Once annulled, it is treated as though it never existed.
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Void Marriages in Florida
A marriage may be considered void under Florida law for the following reasons:
1. Bigamy
If one spouse is still legally married to another person, any subsequent marriage is void. Bigamous marriages are automatically invalid, regardless of whether fraud or misrepresentation occurred.
2. Mental Incapacity or Intoxication
Both parties must have the mental capacity to understand the nature of marriage and its legal obligations. A marriage involving an individual who is insane, severely intoxicated, or otherwise incapable of consent at the time of marriage may be declared void.
3. Same-Sex or Transgender Marriages (Historical Context)
Prior to the legalization of same-sex marriage in the U.S. (Obergefell v. Hodges, 2015), Florida law considered same-sex marriages void. Additionally, Florida once invalidated marriages involving postoperative transgender individuals. While federal law now protects same-sex marriage, these historical restrictions highlight how void marriages have been defined in state statutes.
Voidable Marriages in Florida
Unlike void marriages, voidable marriages are valid until annulled. They often involve circumstances that make the marriage unfair or improperly obtained but not automatically invalid.
1. Fraud
If one spouse enters the marriage under fraudulent pretenses—such as misrepresenting the desire to have children, hiding a major criminal history, or concealing important facts—the marriage may be annulled. However, annulment requires proof that the fraud was material and that the marriage was not consummated.
2. Duress or Undue Influence
Marriages entered into under coercion, threats, or manipulative pressure may be annulled as voidable. The key factor is whether one spouse’s free will was destroyed at the time of marriage.
3. Consanguinity
Marriages between close relatives are voidable under Florida law.
4. Impotence
If one party is unable to consummate the marriage due to impotence and this fact was not disclosed before marriage, the other spouse may petition for annulment.
Other Factors That Can Invalidate a Marriage
A marriage must be entered into voluntarily and in good faith. If a marriage occurs only for purposes outside of the marital relationship—such as inheritance schemes, immigration fraud, or avoiding legal consequences—it may be declared invalid.
For example:
- A marriage solely to protect inheritance rights could be deemed void.
- A marriage entered into for the sake of an unborn child, without cohabitation or intent to live as spouses, may be voidable.
Why Seek an Annulment?
Even if a marriage is void by law, obtaining a court order through annulment is crucial for:
- Establishing legal certainty for future relationships
- Protecting property rights
- Clarifying legitimacy and parental rights for children
- Avoiding future disputes regarding inheritance or spousal claims
Speak With a Florida Annulment Attorney
Cases involving void and voidable marriages are complex and fact-specific. At McGuire Law Offices, we provide compassionate and knowledgeable representation to help clients in Clearwater and across Pinellas County protect their rights in these sensitive matters.
If you believe your marriage may be void or voidable, schedule a consultation today to discuss your options for annulment or divorce.
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Frequently Asked Questions
Understanding the difference between void and voidable marriages in Florida can be confusing, especially when questions about annulment, legitimacy of children, or property rights come into play. At McGuire Law Offices, we know that clients often have pressing concerns about what makes a marriage legally invalid, how annulments differ from divorce, and what steps to take if they believe their marriage is void or voidable. This FAQ section is designed to answer the most common questions we hear, providing clear guidance while highlighting when it’s critical to seek professional legal counsel.
A void marriage is considered legally invalid from the beginning — it’s as though it never existed. A voidable marriage, on the other hand, is legally valid until one spouse seeks an annulment through the courts.
Yes. Florida law recognizes the legitimacy of children born into both void and voidable marriages, protecting their rights to parental support and inheritance.
Common reasons include bigamy (one spouse is already legally married), mental incapacity or intoxication at the time of marriage, or marriages prohibited by law (such as certain incestuous unions).
Voidable marriages can be annulled for reasons like fraud, duress, coercion, impotence, undue influence, or close blood relation between the spouses.
No. Divorce ends a valid marriage, while annulment declares that a marriage was never valid in the first place. Annulments apply to marriages that were void or voidable under Florida law.
Even though a void marriage is legally invalid, obtaining a court order provides legal clarity. This helps avoid disputes over property rights, inheritance, and future marital status.
Generally, voidable marriages cannot be challenged after one spouse dies. However, void marriages may still be declared invalid even after death, though it is best to resolve these issues during the spouses’ lifetimes.
Yes, it is highly recommended. Annulments are legally complex, and having a family law attorney ensures your rights to property, custody, and support are properly protected throughout the process.
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Frequently Asked Questions
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divorce?
The process for filing for divorce involves filing a petition with the court, serving the petition on your spouse, and attending hearings to resolve any disputes over issues such as child custody, property division, and support.
Yes, child custody and support orders can be modified if there has been a significant change in circumstances, such as a job loss or relocation.
In determining child custody, the court will consider the best interests of the child, which may include factors such as the child’s age, health, and relationship with each parent.
Child support is a court-ordered payment made by a non-custodial parent to a custodial parent to help cover the costs of raising a child. The amount of child support is typically calculated based on each parent’s income and the child’s needs.