How to Get an Annulment in Arizona

If you are wondering how to get an annulment in Arizona, this post should help! An annulment is the legal acceptance by an Arizona court that a marriage is no longer valid. “An annulment is a legal procedure which cancels a marriage between a man and a woman.” [1] In Arizona, an annulment can be granted if the marriage was void from the beginning of the marriage or, according to the Arizona Revised Statues, a diriment impediment existed that caused the marriage to be void. As an example, if you were underage or already married at the time of your marriage, these would be interpreted as grounds for annulment in the State of Arizona. To receive an annulment in Arizona, you follow the same process you would if you were filing for divorce.

Step 1. Wait 90 Days

Make sure that Arizona has jurisdiction over your annulment proceedings. In order for the State of Arizona to have jurisdiction, you or your spouse are required to live in Arizona for a minimum of 90 days before you file for annulment.

Step 2. Obtain an Annulment Petition

Obtain a Petition for Annulment of Marriage form from your nearby superior court. In some Arizona counties, the form can also be found on the court’s website. If you’re not sure about what court is your nearby superior court, get in touch with the bar association in your city or town for more information.

Annulment Without Children

Consent Decree Annulment

Step 3. Complete the Annulment Petition

Once you have it complete the Petition for Annulment of Marriage form. This petition can be completed by either of you. As soon as you complete the petition, supply the requested information about you and your purported spouse, including your full name and your mailing address. Describe to the court why you are petitioning an annulment and the legal grounds for filing the annulment in the section entitled, “Other Statements to the Court.”

Step 4. File the Annulment Petition

File the petition in the proper superior court. You need to file the petition with the clerk of the superior court in the county in which either of you lives. When you file, you will have to pay a filing fee to the superior court’s clerk. This fee will vary by county.

Step 5. Serve the Filed Petition

Serve your spouse, usually called the respondent, with a copy of the petition you filed. Carefully follow the guidelines provided to you or instructions included with the petition and other annulment forms given to you by the courthouse. This will ensure your spouse receives the notice of the pending action.

Step 6. Wait for your Spouse to Respond

Wait the required time to allow your spouse to respond. 20 days is the amount of time the respondent has to reply to the petition. Your spouse may want to dispute the petition. If they do no respond within 20 days, they lose their right to challenge the requested annulment.

Responding To An Annulment

Step 7. Review the Courts Letter to Find your Hearing Date

Review the court’s letter listing the date/time of your annulment hearing. You will receive a letter from the court with your annulment hearing date and time. Didn’t receive a letter? Court didn’t schedule a hearing? You can contact the court to make sure your letter will be sent and that your hearing is scheduled.

Step 8. Attend your Annulment Hearing

Make sure you attend your marriage annulment hearing. At the annulment hearing, the court will decide whether you have enough evidence or not to grant an annulment. The court will evaluate your evidence and testimony, and either deny or grant your request for an annulment. Their may also be an additional hearing to divide assets and determine child custody, if needed.

Sources

1. Stock, Elizabeth. “How to Get an Annulment in Arizona.” LegalZoom Legal Info, 21 Nov. 2017, info.legalzoom.com/annulment-arizona-23724.html.

2. “What’s the Legal Difference Between Annulment and Divorce?” Legalzoom.com, 19 Feb. 2019, www.legalzoom.com/articles/whats-the-legal-difference-between-annulment-and-divorce.