Annulment

An annulment is a court process to declare that the parties were never legally married to begin with, because at the time of the marriage something was so wrong that no legal relationship could be established by marriage. The annulment decree will specify the legal reason why the marriage was void from the beginning, and will also specify everything else like child custody, parent-child access (visitation), child support, division of property and debt, Spousal maintenance (alimony) and name change of either party if requested.

To get a marriage annulled in the State of Arizona, you must have legal grounds. Annulments are not based on time. You could be married only one day and have to seek a divorce because you do not qualify for an annulment.

In order to get an annulment in Arizona, there must have been something called an impediment that renders the marriage void. Ariz.Rev.Stat. §25-301. “Void” as used in this statute includes “voidable” and grounds for annulment are not limited to those specified by Ariz.Rev.Stat. §25-101.

Void Marriage

A void marriage is defined by Ariz.Rev.Stat. §25-101 as a marriage "between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the one-half as well as the whole blood, and between uncles and nieces, aunts and nephews and between first cousins" or "between persons of the same sex." A void marriage is a nullity. Though it has no legal validity an annulment action is necessary to establish its invalidity as a matter of record.

Voidable Marriage

A voidable marriage continues until a party exercises his or her right to have it annulled. Some examples of situations that may qualify as “voidable” are an undissolved prior marriage, one party being underage, a blood relationship, the absence of mental or physical capacity, intoxication, the absence of a valid license, duress, refusal of intercourse, fraud and misrepresentation as to religion.

The jurisdictional requirements and procedure for obtaining an annulment are the same as for a divorce. Ariz.Rev.Stat. §25-302(A).

The court will divide the property of the parties and determine matters concerning the children of the marriage. Ariz.Rev.Stat. §25-302(B).

It should be noted that legal annulments are not the same as religious annulments.

You should consult with an attorney about legal grounds for an annulment.

Last updated 01/10/08