Annulment of an Arizona Marriage

If you’re considering ending your Arizona marriage, you may wonder whether an annulment is the right option. Following the annulment of an Arizona marriage, it effectively never occurred because it was invalid from the start.

An annulment is not the same as a divorce. It’s a distinct and less common legal process. But depending on the circumstances in which you entered into your marriage, it may be appropriate for your situation.

What Is the Difference Between a Divorce and an Annulment in Arizona?

There are some key legal distinctions between a divorce and an annulment. The primary difference is that an annulment cancels the marriage. Under the law, the marriage is treated like it never happened. In a divorce, the marriage is dissolved but still treated as having been legally valid.

A spouse may also be awarded spousal maintenance payments in a divorce. In an annulment, there is no such entitlement.

Are There Different Types of Annulment?

From a legal standpoint, there are not different types of annulment. The information here applies to civil annulments. Religious annulments occur outside the legal system and do not change your legal marital status. It’s critical to note that a civil annulment may require additional proof that a religious annulment does not.

How Long Do You Have to Seek a Marriage Annulment in Arizona?

When you realize you have grounds for an annulment, you should seek one right away. If you don’t, the court may determine that you’ve effectively approved the marriage. Otherwise, there is no time limit for seeking the annulment of an Arizona marriage.

In the case of a void and prohibited marriage, such as one between blood relatives, you may seek an annulment at any time.

What Are Some Grounds for an Annulment?

If your situation involves any of the following circumstances, you have grounds to petition the court for an annulment of your Arizona marriage:

• Either party was already married to someone else at the time of the marriage
• Either or both parties were physically or mentally incapacitated at the time of the marriage
• Either party was underage at the time of the marriage and failed to get consent from their parent or guardian
• The parties are blood relatives
• The parties didn’t obtain a valid marriage license
• Either party refuses or is unable to consummate the marriage
• Either or both parties were intoxicated when they married
• The marriage took place under duress
• Either or both parties didn’t intend to marry
• Either party misrepresented their marital status
• Either party misrepresented their religious affiliation
• The parties married through a proxy
• Either party committed fraud to get consent for the marriage

If any of these grounds apply in your situation, you should discuss your legal options with an experienced family law attorney.

What Is the Process for Getting an Annulment in Arizona?

The process of securing the annulment of an Arizona marriage is relatively straightforward:

• Petition the court – Fill out the petition for annulment and file it at the superior court in your county of residence. Your spouse will be required to file a response. Other documentation may be required as well.
• Prove you have grounds – As the petitioner, it’s your responsibility to prove you have legal grounds to file for an annulment. You’ll present your evidence to the court. The judge will issue an order after considering all evidence and documentation.
• Meet other requirements – You must also fulfill other requirements to be eligible for an annulment. You must live in Arizona for at least 90 days before filing your petition and file your documents in the correct court. Your marriage also must not be a covenant marriage.

The process and requirements for obtaining an annulment are relatively straightforward. However, it’s still crucial that you consult a family law attorney before going through the process. Your attorney will help you understand the implications of an annulment and the potential impact on your finances, child custody, and other important matters.

Does My Spouse Have to Agree with the Annulment?

It doesn’t matter whether your spouse agrees with your desire to pursue an annulment. Because it wasn’t valid to begin with, the court can annul your marriage as long as you’ve demonstrated you have legal grounds.

Can My Spouse Seek Alimony If Our Marriage Is Annulled?

Annulment differs from divorce in that neither party can request or receive alimony payments if the court grants an annulment. Any previous alimony payments that stopped when you got married cannot resume following your annulment either.

However, the court can rule on other matters in the annulment – just as it would in a divorce. For example, parenting time, legal decision-making, and child support are all subject to the court’s ruling. The court also has the authority to rule on dividing any assets and debts accumulated during the marriage.

How Are Parental Rights Affected by an Annulment in Arizona?

In Arizona, married and unmarried parents have equal rights to the custody of their children. This right still applies in cases where the parents’ marriage is annulled.

However, an annulment can also call a child’s paternity into question. This can jeopardize a father’s ability to secure the rights to parenting time and legal decision-making. Arizona presumes paternity in cases where:

• The father and mother were married for the 10 months before the child’s birth, or the child was born within 10 months after the end of the marriage.
• Genetic testing confirms a 95 percent probability of paternity.
• Both parents signed the child’s birth certificate or a notarized statement of paternity.

Paternity is usually presumed in Arizona annulment cases. But if there’s any dispute regarding the paternity of your child, an experienced family law attorney can help you understand your legal rights.

Contact an Arizona Family Law Attorney

If you’re seeking an annulment of your Arizona marriage, you need a knowledgeable, experienced attorney who will safeguard your rights and help you understand how the law applies in your specific case. Mushkatel, Robbins & Becker, P.L.L.C. is a full-service law firm dedicated to securing the best possible outcomes for our clients. Contact us today for a free consultation to discuss your case.

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