Arizona Info

Arizona Divorce Start Your Divorce Find Professionals Arizona Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Arizona Products Divorce by County

Arizona Articles

Agreements Custody & Visitation Child Support Counseling Divorce/General Domestic Abuse Financial Planning Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

Arizona Divorce Support Arizona Divorce Online

Arizona Annulments
Annulments in Arizona

Annulment declares that the parties were never legally married because of an impediment, so that no legal marriage could have been established. An annulment differs from a divorce because it strikes out a marriage as a legal contract. Therefore, the standard for an annulment is higher than for a divorce. An annulment leaves the partners in the same position that they would have been had they never married.

The provisions for an annulment of marriage in Arizona are found in Title 25, Chapter 3, Article 1 of the Arizona Code. According to A.R.S. 25-301, an annulment requires an impediment that renders the marriage void.

Grounds for a void marriage include A.R.S. 25-101, which defines a void marriage as one "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, and though it has no legal validity, an annulment action is still necessary to establish its invalidity, and a voidable marriage continues until one partner exercises his or her right to have it annulled.

Some other examples of situations that may qualify as voidable are bigamy, 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.

Bigamy is grounds for an automatic annulment of marriage and marriages after the first are annulled. In order for a subsequent marriage not to be subject to an automatic annulment the first marriage must end in divorce or the spouse must have died.

The jurisdictional requirements and procedure for obtaining an annulment are the same as for a divorce, as defined in A.R.S. 25-302(A). The court divides the property of the parties and determines matters concerning the children of the marriage, as described in A.R.S. 25-302(B).

Like in a divorce, in an annulment the couple must decide custody and the division of marital assets and liabilities.

Grounds

Grounds for an annulment of marriage include:

  • mental illness;
  • temporary insanity at the time of marriage;
  • fraud;
  • intoxication at the time of marriage;
  • duress;
  • underage marriage;
  • incest;
  • bigamy;
  • unknowing infertility since the start of the marriage

Mental illness can be grounds for an annulment when it can be proven that the illness existed at the time of marriage and that it reduced his or her ability to consent to the marriage. Mental illness that develops after the marriage is subject to divorce. The temporary insanity grounds are related but difficult to prove, particularity since annulment of marriage in Arizona states that marriages made during a “lucid interval” cannot be annulled. Mental illness demands certifiable proof of confinement to a mental institution as well as that the petitioner was unaware of the condition at the time that led to the annulment.

Consent is a critical factor in determining if a marriage can be annulled. Some of the grounds for an annulment of marriage in Arizona imply that one party to the marriage could not consent to the union. This applies to both duress as well as state of mind and maturity in the case of underage marriage without parental approval. Intoxication too, would take away the ability to consent, but only if the party can prove that there was substantial intoxication at the time of the wedding ceremony.

Procedure

The plaintiff makes an argument for annulment before an Arizona judge who evaluates its merit. The judge then offers the ruling on the annulment of marriage.

Start Arizona Divorce Start Your Arizona Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Arizona Divorce Find Arizona Divorce Professionals in Your Area:
Join the Network
Arizona Divorce Products, Services and Solutions Arizona Divorce Products, Services and Solutions
Arizona Divorce Resources to Help You Through the Process.
Online Parenting Class Arizona Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Arizona Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for an Arizona Divorce

 

Settle Your Divorce Negotiate Your Arizona Divorce

 

Support Forum Arizona Support Forum

Children In Between - Online Parenting Class


FEATURED TOOL - QdroDeskTM (Divide Your Retirement Account Online)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"