You qualify for an annulment in the state of Arizona if your marriage was started under unfavorable circumstances including intoxication, mental incapacity, underage marriage, fraud or other reasons. The only way to know immediately if you qualify for an annulment in Arizona is by reaching out to an attorney for a free consultation.
The reasons as to why you may or may not qualify for an annulment have to do with the circumstances that led to the marriage, not necessarily what has happened since the marriage. That’s one of the key differences between this and a divorce. The key differences do make a difference, especially when it comes to financial implications.
How Is An Annulment Different From A Divorce?
An annulment means, under the eyes of the state, the marriage never happened. That means no spousal support, no sharing of any properties that were purchased during the marriage and so forth. Everything is split and ends right then and there in the eyes of the state. For many, it offers a new way of starting over where a divorce still leaves you with a legal connection to the person.
Reasons For Annulment In Arizona
There are several reasons that you could qualify for an annulment. These reasons focus around why you get married including whether or not you had control over the decision. Here are the most common reasons:
- Bigamy: One of the most common reasons is because someone finds out that they married a person who is already married.
- Fraud: If the spouse lied about who they were or concealed something important like being married, having children, issues with immigration, major debt or something else.
- Underage Marriage: If the spouse marries someone under the age of 18 without parental consent. The family can request the annulment as well in this and many other examples.
- Intoxication: If you were under the influence of drugs or alcohol at the time of the marriage it can be enough of a reason.
- Mental Incapacity: Any type of mental incapacity, regardless of the reason, is grounds for an annulment.
- Incest: Any type of incest, whether known before or after the marriage, is also grounds.
- Impotence: Regardless of whether the spouse was aware or not, impotence is still a reason you may qualify for an annulment.
- Force: If the spouse forced you in any way to get married, you can get it annulled.
There are dozens of reasons that fall under these categories. Your reasons need to focus on what you can show proof of, especially if you are trying to file without consent from your former spouse.
Process Of Annulment
The process is simple and direct. You provide your information and file a petition with the Arizona Superior Court. The information will need to prove your reasons for the request and then the court will make the decision. The former partner does not have to agree to the marriage being annulled for you to get it.
5 Questions To Ask An Attorney
When you first meet with an attorney for your free consultation, it’s important to have some questions ready to go. After you tell them your story, it’s best to ask them simple but important questions that directly impact you:
- Do I qualify? It’s a simple question and yes, the attorney can answer it quickly, usually over the phone.
- How do I prove my reasons? That’s the tricky question and that’s the reason you want to have an attorney involved. They will know what the courts will want based on your reason.
- Do I need my spouse’s consent? No, you do not need your former spouse’s consent for getting your marriage annulled.
- Can I get an annulment if I have children? Yes, while it could impact child support and other factors of a divorce agreement, you can still get your marriage annulled if you had children with the other person.
- What to expect? Based on all the information you have provided, if you qualify, what should you expect and how long should this take?
Everyone has a different situation and it’s difficult to specify whether your marriage qualifies for an annulment in Arizona or not. Only an experienced attorney can answer that and other questions. The good news is you are a free phone call away from finding out.
Title: Pets And Divorce, What You Need To Know
Divorce is nothing new. It’s a separation, not just of a couple, but of families, friends and more. Everyone is impacted and that includes our pets. They may have to live with a single parent in a new place. As a pet owner, you want to do everything you can to make this transition easy and safe for your pet. However, you need to first focus on who the owner will be.
In the state of Arizona, pet custody is far different than child custody. The court will make a quick decision on the matter and there will be only one owner and one person responsible for the care of the animal. If you want to share custody of your pet with your ex, you need to work that out on your own.
Pet Custody Is Very Straightforward
The court is the deciding factor in matters of divorce where they decide who gets what. Ownership and responsibility of everything from property to children. They have a lot to consider and each item is scrutinized individually. If they feel the children are better off with their mother, they will side that way but they will take more time on that decision and ensure it is enforced than they will with pets.
For the court, deciding who the owner of the pet is will be the quickest task of the day. What you need to learn is what you need to show that proves you should be the one responsible for this pet moving forward. That means having a suitable place for them to live, showing that you’ve been the one caring for them most of the time and that you are also emotionally attached to the animal. Your attorney can show you how to point these things out.
Arizona Keeps Pet Divorce Simple
Again, you cannot expect the courts to go above and beyond here so you want to show proof that you’re the best person to take care of the animal and leave it at that. They do not sign off on split custody because that leaves the door open to speculation of responsibilities. That means if you are the one responsible for the care of the animal, you probably will be the one who gets the animal.
How Do You Prove You Deserve Ownership?
A good question attorneys are asked in regards to pets and divorce is how to prove you deserve ownership? One of the best things to do is to get a note from the animal vet. They will tell the courts who has brought the animal in and been responsible for its care. Examples like this are always the best because they rely on the written word of licensed professionals.
7 Tips From Your Attorney
When you meet with your attorney about your divorce your pet will be on your agenda. However, there are so many things to cover and while the animal may be very important to you, you have to also focus on all areas of the divorce. In regard to the pet, here are some tips you may want to follow:
- Try to keep it out of court: Get it in writing from your ex that you are the owner of the pet and you have nothing to focus on. Attorney’s always recommend trying to get this and other areas like it resolved quickly.
- Consider what’s best for the animal: Can you provide the best care for the animal? If the answer is yes then work on proving it.
- Don’t ask the courts to split: The courts will not make a decision on split custody. They will give one person complete ownership of the animal.
- Focus on the animal’s care: If the animal needs special care like medications or anything like that, focus on why you are the best person to give them their continued care and the extra work it requires.
- Get living arrangements figured out asap: Just like in child custody hearings, the court will first look at who has the safest and best living arrangements for the child. If that means you need to find a new place and get it ready, do that as quickly as possible.
- Short and sweet: This will not be the backbone of the day for the court and for the legal team. As important as it is to you, they can only focus so much time and energy on something the court will quickly consider and rule on. Trust your team and follow their guidance.
- Do not be petty: If you know that the animal belongs to your ex or would be better with your ex, use this as a way to be mature during these proceedings. These types of gestures can go a long way.
Divorces are emotional and that’s why pets are such an important topic for owners. Your attorney will work with you on showing why you are the best person to take care of the animal but the courts will focus on what’s best for the pet.
Remember, Consultations Are Free
If you have any questions about getting a divorce, whether you have pets or not, do not hesitate to call and get more information. The first consultation is free and is a great opportunity to quickly learn what your legal options are, what you need to do to prepare and what to expect.