Florida Petition for Annulment (Nullity) of Bigamous Marriage

PETITION FOR ANNULMENT (NULLITY) OF BIGAMOUS MARRIAGE

Before filing: This petition is limited to a Florida claim that the purported marriage was bigamous and void. A ceremonial marriage is presumed valid, and the court may consider equitable-estoppel facts. State the ultimate facts and attach or identify the records that support them. Confirm the current clerk instructions, cover sheet, summons, service, local administrative orders, and any required financial or child-related filings before filing.

Petitioner alleges:

Parties, jurisdiction, and venue

1. Petitioner is [FULL LEGAL NAME], whose address for court notices is [ADDRESS]. Respondent is [FULL LEGAL NAME], whose last known address is [ADDRESS].
2. This Court has jurisdiction because [STATE THE FACTS AND CURRENT AUTHORITY SUPPORTING JURISDICTION]. Venue is proper in this county because [STATE THE FACTS AND CURRENT AUTHORITY SUPPORTING VENUE].
3. The parties have [NO RELATED CASE / THE FOLLOWING RELATED CASE: COURT, CASE NUMBER, PARTIES, AND STATUS]. Petitioner will file any notice of related cases required by the current Florida Family Law Rules of Procedure and clerk instructions.

Purported marriage

4. The parties participated in a marriage ceremony on [DATE] at [PLACE]. The marriage record, license, or certificate is [IDENTIFY RECORD AND ATTACHMENT, IF AVAILABLE].
5. Petitioner alleges that the purported marriage was not a valid marriage because, when the parties participated in the ceremony, [PETITIONER / RESPONDENT] was already married to [NAME OF PRIOR SPOUSE].

Prior marriage and lack of dissolution

6. The prior marriage was entered on [DATE] at [PLACE]. The prior marriage record is [IDENTIFY RECORD AND ATTACHMENT, IF AVAILABLE].
7. At the time of the parties’ ceremony, the prior marriage had not been dissolved, annulled, or otherwise terminated by a judgment or other event that the Court should recognize. The facts and records supporting this allegation are [STATE FACTS, DATES, AND RECORDS].
8. If Respondent contends that the prior marriage ended before the parties’ ceremony, the alleged judgment or other terminating event is [IDENTIFY IT]. Petitioner alleges that it did or did not legally terminate the prior marriage before the parties’ ceremony because [STATE THE FACTS AND CURRENT AUTHORITY].
9. Petitioner asks the Court to determine the legal effect of the prior marriage and any alleged dissolution based on the evidence and the law applicable to those records. Petitioner does not ask the Court to treat the allegations in this petition as a substitute for proof of the prior marriage or its status.

Facts relevant to equitable estoppel

10. The facts concerning the parties’ conduct after the purported marriage are [STATE FACTS OR NONE KNOWN], including, as applicable:

• ☐ duration and nature of cohabitation: [FACTS];
• ☐ children raised or represented as children of the parties: [FACTS];
• ☐ public or private representations about marital status: [FACTS];
• ☐ property, tax, benefit, insurance, or financial decisions made in reliance on marital status: [FACTS]; and
• ☐ when and how either party learned facts challenging the marriage’s validity: [FACTS].

11. Petitioner pleads these facts so the Court can decide any equitable-estoppel issue on a complete factual record. Petitioner asks for no conclusion about estoppel unless the Court finds it supported by the evidence and applicable law.

Children, property, debts, support, and fees

12. The parties have [NO COMMON CHILDREN / THE FOLLOWING CHILDREN: NAMES AND DATES OF BIRTH]. Any request concerning parentage, parental responsibility, time-sharing, or child support is [NONE / STATE THE REQUEST AND THE FACTS AND CURRENT AUTHORITY SUPPORTING IT].
13. The parties’ property and debts are [NONE / DESCRIBE]. Petitioner requests [NO PROPERTY, DEBT, SUPPORT, OR FEE RELIEF / STATE EACH REQUEST AND THE FACTS AND CURRENT AUTHORITY SUPPORTING IT].
14. Petitioner understands that a determination concerning the validity of the marriage may affect issues concerning children, property, debts, support, and fees. Petitioner asks the Court to decide only the relief properly pleaded and supported.

Process, service, and requested relief

15. Respondent may be served at [SERVICE ADDRESS]. Petitioner requests that the clerk issue the summons and process required for this family-law matter. Petitioner will arrange service under the current Florida Family Law Rules of Procedure and applicable law, and will file proof of service or any required waiver.
16. If Respondent cannot be located, the facts showing diligent search and the requested service method are [STATE FACTS]. Petitioner will use the current approved form and procedure required for the chosen service method.

Petitioner requests that the Court:

1. Determine whether the parties’ purported marriage was bigamous and void under Florida law;
2. Enter a judgment of annulment or other judgment determining the marital status if the evidence and law support it;
3. Enter only the child, property, debt, support, fee, or other relief supported by the pleaded facts and applicable law; and
4. Grant any other relief the Court may lawfully grant.

Respectfully submitted,

Signature: [________________________________] Date: [__/__/____]

Printed name: [________________________________]

Address for court notices: [________________________________]

Telephone: [________________] Email: [________________]

Attorney bar number, if represented: [________________]

Verification

I, [PETITIONER NAME], declare under penalty of perjury that I have read this petition and that the factual allegations are true and correct to the best of my knowledge and belief.

Executed on [DATE] at [CITY], Florida.

Petitioner signature: [________________________________]

Sources and references

• Florida Family Law Rules of Procedure, October 1, 2026 — confirm the current edition before filing.
• Baxter v. Baxter, No. 1D2023-1776 (Fla. 1st DCA Dec. 4, 2024)
• Florida Supreme Court Approved Family Law Forms — confirm the current forms, including the summons and cover sheet.