A Case for an Invalid Marriage; Annulment

While many people have a general idea of how divorce works in Arizona, they may not understand the difference between divorce and another way to dissolve a marriage: annulment. It is important for couples to understand the difference between the two to determine what option best fits their situation.

Unlike a divorce, which ends a marriage, an annulment invalidates a marriage so it is considered as never having occurred in the eyes of the law. A marriage can be annulled for a variety of reasons. A union may be considered invalid if one of the spouses is under the legal age required to marry, if one or both of the spouses do not have the physical or mental capacity to marry or if either spouse has an undissolved prior marriage.

Other reasons why a marriage could be considered invalid include marriages between blood relatives, marriages in which one or both spouses were intoxicated at the time of the union, marriages between individuals of the same sex and marriages in which one spouse misrepresented their commitment to a certain religion.

*** Resources and Additional Information ***

 

Annulment FAQs

 

Religious Annulment

 

Entering into a marriage without good faith; possible grounds for annulment.
 

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

A void marriage is defined by A.R.S. § 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.

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. A.R.S. § 25-302(A).

The court will divide the property of the parties and determine matters concerning the children of the marriage. A.R.S. § 25-302(B).

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

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

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As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.