An annulment is a legal procedure in which one or both parties of a marriage wish for the marriage to be declared null and void. This means that legally, the marriage is treated as though it had never happened. They are granted only under specific circumstances and usually require some form of proof, even if both parties agree and request it.
There are several reasons to request an annulment, however, when requesting one, it’s important to work with an attorney who is licensed in your state. Arizona has different regulations impacting this area of the law and not only is a licensed Arizona family law attorney knowledgeable of those differences, but they can tell you within the first free consultation whether you have a chance of getting approval or not.
Annulment Vs Divorce
Divorces are much more common because they are a legal agreement that states the marriage has ended. Annulments make it as though the marriage never happened from a legal standpoint. The difference is important based on the situation. For example, divorce may still give people rights to inheritance, an annulment would immediately eliminate any rights they have to it.
Grounds For Annulment In Arizona
Couples do not have to agree to request an annulment. One person can request it, even after a divorce, if the original partnership was made under unsavory circumstances or a variety of other reasons. This is why it’s best to speak with a lawyer about your situation to determine if it falls under:
- Lack of consent: This applies to marriages involving people who are underage, or who were intoxicated at the time of the marriage. Intoxication is a vague reason but there are parameters where it is reviewed.
- Relation: There are situations where two people get married and later discover they are related. There are also situations where relatives get married for whatever reason. If you are married to someone you are related to, the state of Arizona will probably give you an annulment.
- Force: You have to get married of your own free will. If you were forced by family, influenced by someone you work for or in any way were forced to get married you can have it annulled. If you did not give your consent, you need to get the marriage annulled, not file for a divorce.
- Fraud: Unfortunately, a more common reason now to get your marriage annulled is because of fraud. This covers anything from the person is married to someone else, they cannot have children and did not tell you, they lied about their finances or something else. You were lied to and that lie led to you marrying that person.
- Mental or physical incapacity: Intoxication can lead to temporary mental or physical incapacity. However, any other reason for temporary or long-term incapacity where someone took advantage of you to get the marriage through would be grounds for an annulment. An example of this is when someone marries your elderly family member who suffers from dementia. You, as a family member, could request to have the marriage annulled and also get the court to keep that person away from your loved one.
Not all annulments are done with both parties in agreement and sometimes you have to be prepared to protect yourself and your family. This is why the free consultation is such an advantage for you. You are able to get the information, the answers to your questions and clear guidance from a lawyer.
Time Frame
There are no time limits for filing an annulment. However, it’s best to act sooner rather than later, especially if this is being recommended for reasons of inheritance. You have time to get your information together. Focus on what proves that the marriage should be annulled. When in doubt, go with something that tells the story from someone else’s side. That means anything you can provide from police, doctors or other professionals.
Recommendations From Your Attorney
In matters where an annulment happens, there is no alimony paid. However, child support may still be paid. If you are receiving alimony, keep that in mind before getting an annulment. Because getting your marriage annulled means it never happened, legally, the other person does not have to pay you alimony anymore. This is why you always want to talk with an attorney before making legal decisions.