The divorce rate in Arizona is around 2.3 per 1,000 people. While that number may not seem shocking, a significant percentage of marital unions will end.
Many people exclusively consider divorce and legal separation when seeking to end a marriage. However, one less common option that may be available to you is annulling the marriage. There are benefits to annulling a marriage rather than going through the traditional divorce process, but only those who are eligible may seek an annulment. If you are planning to end a marriage, it is well worth exploring the possibility of annulment. Use this guide to understand how the process works and determine whether you are eligible.
What Is an Annulment?
Annulments are unique in that, unlike a divorce, an annulment does not dissolve an existing marriage. Rather, the legal ruling declares the marriage null and void, meaning that it never existed. Someone whose marriage is annulled would truthfully be able to state that they were never married. This is determined on the basis that the marriage should never have happened in the first place.
Grounds for Annulment Vary State by State
Due to this fundamental difference, the process and legal grounds for obtaining an annulment are uniquely different from those for getting a divorce. The annulment process requires establishing specific grounds that render the marriage invalid from the beginning. These grounds vary by state but usually include factors like fraud, duress, and inability to consent. Anyone who enters into a contract under any of these false pretenses is never legally viable to make that agreement in the eyes of the court, and the same principle holds true for marriage.
Annulments Scrutinize the Circumstances Surrounding the Marriage
While annulments have been around for thousands of years, the legal framework for annulment in this country is codified in Arizona’s family law statutes. Unlike a divorce, annulment steps must include the process of delving into the circumstances surrounding the marriage with far greater scrutiny than a divorce case. By contrast, attorneys who help clients navigate divorce proceedings typically assume the marriage was valid.
An annulment proceeding can involve extensive investigations into the intentions, mental state, and ability to enter into a legal agreement of both parties at the time of marriage.
Many Divorce Matters Still Apply
Property division, spousal support, and child custody are often still in question during an annulment because the nullification of a marriage does not necessarily erase the legal obligations of each party to care for children and retain certain assets and debts. Child support obligations will likely remain in place, and assets and debts will still have to be divided.
Who Qualifies for Annulment?
Annulment laws aim to rectify situations where marriages originated under unlawful circumstances that render them legally invalid. As a result, Arizona’s family courts are very specific about which couples qualify for annulment. One or both spouses must demonstrate evidence that the marriage contract was fraudulent in some way and should never have been valid.
If any of the following can be proven, the marriage may be eligible for annulment.
Improper Relations or Marital Status
Incest is grounds for an annulment, as closely related relatives are barred from marrying if the two parties are blood relations, including parents or grandparents and children, full or half-siblings, and aunts/uncles and nieces/nephews.
Minors cannot be married in Arizona without the consent of a guardian or parent and the approval of a court (for minors under 16). If those steps were not followed, or if one party was untruthful about their age, the marriage can be annulled.
Another stipulation for marriage is that neither party can be married at the time of the second marriage. If someone is lawfully married, the second marriage is not valid by function of law.
Capacity To Consent to Marriage
Another common ground upon which annulment is often granted is the capacity to consent. If it can be proven that one or both parties did not have the mental capacity to consent to marriage, the courts may annul the union. Mental capacity could be impaired due to prescription drugs, intoxication, an ill state of mental health, or any other cause that leaves someone unable to freely and willingly enter into marriage while understanding everything that marriage implies.
Legal Grounds
Although marriage often has a religious ceremony component, the State of Arizona will only recognize a union that has a lawful marriage license. If a marriage license was not secured in accordance with the laws of the state where the marriage occurred, the legality of the marriage can be brought into question.
For example, marriages cannot be performed with a proxy sitting in for the actual person being married. Another potential situation involves one party lying about their religious beliefs.
Coercion and Consent
As stated above, the ability to consent plays an important role in marriage and how to get an annulment in Arizona. While one person not having the capacity to consent due to impairment, mental state, or another reason is grounds for annulment, there are other situations where a person can be coerced into marriage. For example, if one person was unaware of the fact that marriage was taking place and did not intend to become married, the marriage may be annulled. Consummation is another important factor. If one party refuses to consummate the marriage or is unable to do so, the marriage can be legally annulled if it appears to have deceived the other party into a marriage that cannot be consummated. Another potential basis for annulment is when one party commits fraud or uses deception to coerce the other party into marriage.
Who May Not Qualify for Annulment?
Before you embark on the annulment process, it is important to closely examine the circumstances of your marriage. In Arizona, at least one of the above criteria must be met for a marriage to be eligible for annulment. However, the court considers many factors, and it is critical to understand that most marriages are not eligible for annulment.
Marriages That Have Been Consummated May Not Be Eligible
One factor, although not the sole factor by any means, that the courts may consider is whether the marriage was consummated. Consummation does not mean that annulment is automatically not an option; it is just that additional grounds would have to be met for an annulment to be granted.
Longer Marriages May Be Less Likely to Be Eligible
The length of a marriage is another potential factor that the courts will consider. To be clear, there’s no deadline for filing for annulment. The state will consider the evidence before it at any point. However, a marriage that did not last many decades may be more likely to qualify for annulment.
If Both Parties Gave Consent to Marry, Annulment Is Less Likely
Marriages where both parties entered into the union with full consent and without coercion, may be more difficult to annul. As one of the most important elements in annulment is that one party did not consent to becoming married, if both parties entered into the marriage willingly and knowingly, the courts may scrutinize the request for annulment.
Children May Make Annulment More Difficult
The presence of biological children presents another challenge for the courts. Children can complicate the annulment process, and issues such as child support, child custody, visitation, and parenting time schedule would have to be addressed. Divorce may be a more viable solution when children are involved.
Reasons To Get an Annulment
Even when you have legal grounds to seek an annulment, the marriage will not be declared null and void until you complete the annulment process.
Consider whether you have personal, moral, or religious reasons for beginning the process of annulling a marriage.
- Legal Invalidity – The requirements for a lawful marriage are there for a reason. One partner may be shocked to learn that their spouse was lawfully married at the time of their marriage. Any legal basis for annulment can become deeply troubling when one party is left in the dark. Annulment is a positive remedy to those situati
- Personal or Religious Beliefs – Many people hold the sanctity of marriage in high regard. For those people, divorce can be undesirable. For those who are eligible, annulment offers a viable way out of a marriage without the weight of carrying the label of “divorced.”
- Avoiding Stigma – Similarly, even though millions of Americans have been through a divorce, it can still carry a stigma. Seeking an annulment can help individuals avoid the judgment associated with divorce, particularly in more conservative or traditional circles
- Financial Implications – Annulment is often preferable to divorce for spouses who do not want to divorce. Since an annulment effectively says that the marriage never happened, dividing property can become much simpler and potentially more advantageous for parties with significant assets.
How Does the Annulment Process Work?
The process of seeking an annulment is outlined under A.R.S. § 25-301, which states that an annulment in Arizona is a judgment that a marriage is null and void. Either spouse must have lived in Arizona for at least 90 days before the annulment steps can begin through a state court.
So, what are the annulment stages in Arizona? If you believe you have grounds for an annulment, you must follow these steps to obtain an annulment in Arizona.
1. Hire a Family Law Attorney
The annulment process is more complex than many people think. As such, there are many advantages to working with a family law attorney who understands Arizona’s annulment laws. Not having the right legal counsel could result in the failure to convince the courts that a marriage has legal grounds for annulment.
2. Petition the Court for Annulment
After you determine you have grounds for annulment and obtain representation, you will need to petition the court for annulment. This is done by filing a legal Petition for Annulment. If you have minor children, if you or your spouse has lived in Arizona for less than 90 days, or if you are in a covenant marriage, additional forms and information will be necessary.
As the case moves forward, you will work with your family law attorney to gather evidence that proves the marriage is invalid. This is known as the grounds for annulment.
3. Notify the Other Party
Initially, this will mean hiring a registered process server or law enforcement officer to serve the initial documents to the other party. The other party (the Respondent) will have 20 days to respond if they live in Arizona or 30 days if they live in another state.
4. Proceed Based on the Response
If the other party responds, you will proceed with an annulment hearing, as scheduled by family court. If there is no response, you have no minor children, and you are not in a covenant marriage you may be able to obtain a default annulment decree. During this step, you should ensure the correct hearing type is scheduled with family court.
5. Attend Hearings
The process of annulling a marriage is similar to a divorce case in many ways. Legal standards must be met, evidence must be presented, and hearings must be held. Your family law attorney can handle drafting and filing documents and making arguments in court on your behalf. You must attend annulment hearings whether you are pursuing an annulment or default annulment.
6. Obtain the Annulment Decree
During the final hearing, the judge will sign an annulment decree or default annulment decree if they determine your evidence proves that your marriage should be nullified. After the judge issues the decree, it will be as if your marriage never occurred.
Other Considerations
Procedures and forms may vary by county. For example, Maricopa County and Pima County forms differ slightly. Your attorney will ensure that you are using the correct forms. You can look up your county’s annulment forms via Azcourts.gov/AZ-Courts/AZ-Courts-Locator.
Rules for children remain applicable. Just as in divorce cases, children of an annulled marriage still require care. You must settle matters related to legal decision-making, parenting time, and child support.
Keep in mind that petitioning for annulment and hiring an attorney does not guarantee that you will be successful. If your marriage does not qualify for annulment, you will still have the option of filing for divorce or legal separation. Your family law attorney can help you navigate alternative options for beginning the divorce or separation process.
Common Misconceptions About Annulments
There are a few common misconceptions surrounding annulment. It is important to ensure you are fully aware of the reality of annulment before petitioning the court for one.
Annulment Is Quick and Easy
Some people mistakenly believe that an annulment is a quicker, easier alternative to a divorce. This is not true in Arizona. In fact, there are unique requirements for an annulment, as listed above, that are not present in divorce or legal separation cases. While anyone in Arizona may obtain a divorce, the court must ensure that there are grounds for annulment before the annulment decree is issued.
Annulment and Divorce Have Nothing in Common
Certainly, there are some similarities between annulment and divorce. Both annulments and divorces require custody considerations for children, and child support may be ordered in any case involving children. However, the key distinction is that divorce is only applicable to valid marriages. Annulment in Arizona is not possible when the spouses have entered into a valid marriage.
Annulment Isn’t Necessary
Some people may be under another false belief that an annulment is not necessary when it is clear that a marriage is invalid. Why file a petition to prove something that is clear to both spouses? Filing for annulment is not a frivolous waste of time. It is a legal requirement to clarify that a marriage was never valid. The annulment process puts everyone on the record. In the future, if you or your former spouse wish to remarry or require proof that there was never a valid marriage, only an annulment would prove that the marriage is null and void.
Annulments Are Easy to Obtain Right After Marriage
Some people also think that just because a marriage hasn’t lasted very long, it will be easier to have it annulled. The truth is that a marriage that lasts a day or two may be just as valid as one that lasts 60 years. What matters is the conditions surrounding the marriage and whether any unethical or unlawful acts were involved in the circumstances surrounding the marriage.
Anyone Can Get an Annulment
In cases where a valid marriage leaves both spouses regretting the marriage, the only solution to ending that marriage would be divorce. The duration of a marriage is irrelevant in the eyes of the court, only whether the marriage is valid or should be rendered null and void.
How To Find the Right Marriage Annulment Attorney in Arizona
Finding a skilled annulment attorney in Arizona is essential for navigating the legal complexities of annulment proceedings effectively. Here are some tips for finding an attorney who can help you improve your chances of obtaining an annulment decree.
Get Opinions
Start by asking friends and colleagues if they had a positive experience using a family law attorney to annul a marriage. Then, begin scanning online reviews and client testimonials that speak to the attorney’s expertise in divorce, legal separation, and annulment.
Look for a Track Record of Success
Consider lawyers who have a strong track record of helping clients. The State Bar of Arizona can be a great source for a list of qualified family law attorneys in your area. The bar website can help you find information about the attorney’s history and specializations.
Inquire About an Initial Consultation and Fees
Once you’ve found an attorney with a strong reputation, set up an initial consultation to discuss the basics of your case. This will be one of the first opportunities to determine whether your case potentially qualifies for annulment. The initial meeting also offers an opportune time to discuss fees and billing practices.
Consider Communication and Personality Type
Pay attention to how well the attorney communicates or demonstrates experience in the field of marriage annulments. They should be able to explain complicated matters in simple yet precise terms. Compatibility is an important consideration, as is trust and communication. You could be working together for several months on one of the most important matters you’ll ever navigate.
It never hurts to meet with more than one attorney. Finding the right legal counsel can improve your chances of successfully arguing that your marriage has legal grounds for annulment.
Contact The Valley Law Group Today to Schedule Your Annulment Consultation
If you are looking to end your marriage, an annulment may be a legal remedy available to you, provided your marriage meets the necessary qualifications. At The Valley Law Group, our attorneys have helped many clients prove that their marriage was never valid. In these cases, an annulment can feel like a clean start for individuals who have been misled or married under illegal circumstances. To learn more and to schedule your annulment consultation, contact our office today.
Resources :
- Ziegler, J. (n.d.). Annulment Nation. Catholic Culture. Retrieved May 9, 2024, from https://www.catholicculture.org/culture/library/view.cfm?recnum=9607
- Superior Court of Arizona in Maricopa County. (n.d.). Domestic Relations Alternative Dispute Resolution (ADR) [PDF]. Retrieved May 9, 2024, from https://superiorcourt.maricopa.gov/media/lu0fzrip/draa1z.pdf
- Arizona Court Help. (n.d.). Marriage. Retrieved May 9, 2024, from https://azcourthelp.org/topics/marriage
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
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