Category Archives: Marriage Annulment

An annulment is one option couples have to ultimately terminate their marriage. There is typically no time period (for example, 10 years) following a marriage by which an annulment must be sought. Some factors, however, may make obtaining an annulment sooner rather than later a good idea. The longer one or both parties wait to petition for an annulment, the more convoluted it can become to resolve all matters.

Annulments In Arizona

Under Arizona law, there is a list of “void and prohibited marriages.” Any marriage that falls in this category is not recognized by the state as valid. Arizona prohibits marriage between parents and children, between grandparents and grandchildren, between whole or half-blood brothers and sisters, between first cousins (but only under certain conditions), and between uncles or aunts and nieces and nephews. Same sex marriage was also once considered “void and prohibited”. However, recent Supreme Court rulings have changed that. Same sex marriage is now legal and the law of the land.

There are other reasons a spouse can request an annulment, such as fraud, deception, coercion, intoxication (when getting married), underage marriages without parental consent, mental illness, “mock” marriages, inability to consummate the marriage, bigamy, and incest. To know for sure if your marriage can be annulled, get family law help in Scottsdale.

If the couple has children, the annulment proceedings will determine which party should be responsible for the children. The court may not recognize certain property as “marital assets” if the marriage is considered void. You should contact a lawyer with specifics to find out how annulment proceedings may affect children or assets. Annulment compared to divorce can generate a significantly different outcome in property allocations in any divorce or annulment scenario.

What Is The Time Limit For An Annulment?

As stated above, there is generally no time limit to petition for an annulment following a marriage. A party that leads the action for annulment later may have a more difficult time providing proof. Yes, it is possible to get an annulment even after 10 years of marriage, but the process becomes more convoluted as time goes on.

How To File For Annulment

Follow these steps to properly file for an annulment in the state of Arizona.

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.

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.

Source:

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

According to Costaide, the majority of annulments cost between $500-$5,000 in the US. Exact costs will depend on the type of agreement you and your-soon-to-be-ex spouse come to.

How Much Does An Annulment Cost?

As mentioned, the majority of annulments cost between $500-$5,000. Exact costs will depend on the type of agreement you and your-soon-to-be-ex spouse enter into. For example, signing a joint petition for annulment can lower the cost compared to instances where one spouse files alone.

Prices for annulments will vary based on location. Each and every state has its own regulations related to this process.

These are the typical annulment costs:

• Lowest Cost: $500.
• Average Cost: $1,000.
• Highest Cost: $5,000.

Grounds For An Annulment

Under Arizona law, there is a list of “void and prohibited marriages.” Any marriage that falls in this category is not recognized by the state as valid. Arizona prohibits marriage between parents and children, between grandparents and grandchildren, between whole or half-blood brothers and sisters, between first cousins (but only under certain conditions), and between uncles or aunts and nieces and nephews. Same sex marriage was also once considered “void and prohibited”. However, recent Supreme Court rulings have changed that. Same sex marriage is now legal and the law of the land.

There are other reasons a spouse can request an annulment, such as fraud, deception, coercion, intoxication (when getting married), underage marriages without parental consent, mental illness, “mock” marriages, inability to consummate the marriage, bigamy, and incest. To know for sure if your marriage can be annulled, get family law help in Scottsdale.

If the couple has children, the annulment proceedings will determine which party should be responsible for the children. The court may not recognize certain property as “marital assets” if the marriage is considered void. You should contact a lawyer with specifics to find out how annulment proceedings may affect children or assets. Annulment compared to divorce can generate a significantly different outcome in property allocations in any divorce or annulment scenario.

An annulment is a legal process that dissolves a marriage that at least one of the parties believes should never have happened. The legal grounds for annulment vary by state, but they usually include the following:

• One or both of the spouses were coerced or duped into marrying.
• Due to a mental disability, drugs, or alcohol, one or both spouses were unable to make a decision to marry.
• At the time of the marriage, one or both spouses were already married (bigamy).
• One or both of the spouses were under the age of marriage.
• It was an incestuous union.
• One spouse hid a major problem, such as substance abuse or a criminal record. From one, a child, and from the other, an illness.
• An annulment is much less common than divorces because one of these conditions must be met and proven in court for it to be granted.
• Both types of divorce can be costly and time-consuming in the courtroom. And they both begin with one or both spouses filing a formal divorce or annulment petition with the court.
• If both parties agree to end the marriage without many disputes or disagreements about how to do so, either a divorce or an annulment can be simple and inexpensive.

Annulment Vs Divorce

Divorce is the process of legally dissolving, terminating, and ending a legally valid marriage. Divorce dissolves a legal marriage and declares the spouses single once more. Annulment: A legal decision that declares a marriage null and void, indicating that the union was never legally valid. The marriage records, however, remain on file even if the marriage is erased.

The basis for an action—the reasons why a decision is justified—is referred to as “grounds” in legal terms. There are several reasons to seek a divorce rather than an annulment. The primary reason for ending a marriage is that one or both spouses wish to separate.

When the parties acknowledge that the marriage existed, they seek a divorce, which is far more common. When one or both of the spouses believe that the marriage was legally invalid in the first place, they seek an annulment.

Divorce and annulment are two options for legally ending a marriage or domestic partnership, and they have similarities and differences. The type of evidence required for an annulment vs. a divorce, for example, is different. The costs of these processes can differ. While the average annulment costs between $500-$5,000, lengthy divorce settlements can cost much more.

The most significant distinction between a divorce and an annulment is that a divorce terminates a legally valid marriage, whereas an annulment declares a marriage to be legally invalid.

Annulment Vs Divorce

Divorce is the process of legally dissolving, terminating, and ending a legally valid marriage. Divorce dissolves a legal marriage and declares the spouses single once more. Annulment: A legal decision that declares a marriage null and void, indicating that the union was never legally valid. The marriage records, however, remain on file even if the marriage is erased.

The basis for an action—the reasons why a decision is justified—is referred to as “grounds” in legal terms. There are several reasons to seek a divorce rather than an annulment. The primary reason for ending a marriage is that one or both spouses wish to separate.

When the parties acknowledge that the marriage existed, they seek a divorce, which is far more common. When one or both of the spouses believe that the marriage was legally invalid in the first place, they seek an annulment.

An annulment is a legal process that dissolves a marriage that at least one of the parties believes should never have happened. The legal grounds for annulment vary by state, but they usually include the following:

• One or both of the spouses were coerced or duped into marrying.
• Due to a mental disability, drugs, or alcohol, one or both spouses were unable to make a decision to marry.
• At the time of the marriage, one or both spouses were already married (bigamy).
• One or both of the spouses were under the age of marriage.
• It was an incestuous union.
• One spouse hid a major problem, such as substance abuse or a criminal record. From one, a child, and from the other, an illness.
• An annulment is much less common than divorces because one of these conditions must be met and proven in court for it to be granted.
• Both types of divorce can be costly and time-consuming in the courtroom. And they both begin with one or both spouses filing a formal divorce or annulment petition with the court.
• If both parties agree to end the marriage without many disputes or disagreements about how to do so, either a divorce or an annulment can be simple and inexpensive.

How Much Does An Annulment Cost?

According to Costaide, the majority of annulments cost between $500-$5,000. Exact costs will depend on the type of agreement you and your-soon-to-be-ex spouse come to. For example, signing a joint petition for annulment can lower the cost compared to instances where one spouse files alone.

Prices for annulments will vary based on location. Each and every state has its own regulations related to this process.

How Much Does An Uncontested Divorce Cost?

The average cost of an uncontested divorce is $750 with prices ranging from $100-$1,500 for the US. A large amount of money can be saved if your spouse and you can agree to divorce, how the divorce will take place and how your lives are going to be separated.

This situation often leads to what is known as an “uncontested divorce.” The total cost will be determined by several aspects. If you have no issue with becoming a part of the legal procedures of your state, the cost may well be under $500. It will obviously be higher if you utilize the services of an attorney.

How Much Does A Collaborative Divorce Cost?

On average collaborative divorce costs $7,500. Collaborative divorce costs ranged from $5,000-$10,000 per spouse in the US, according to Equitable Mediation. However, Canterbury Law Group has navigated many divorce collaborations for less than $10,000 in legal fees per spouse.

This is a far cry from the tens of thousands of dollars that other couples will inevitably spend in contested divorce litigation in a court of law, not to mention the high emotional cost in traditional divorce cases.

Annulment vs. Divorce: When Should You Annul?

Because of the short duration, many people believe that a very brief marriage can be ended with an annulment. However, a short duration is not a legal basis for annulment. To be annulled, the marriage must still meet one or more of the conditions listed above.

Furthermore, a long-term marriage might not be eligible for an annulment. After a certain amount of time has passed, many states will not grant an annulment. In California, for example, an annulment based on fraud must be requested within four years of the discovery of the fraud (one partner alleges that the other deceived them into agreeing to the marriage).

An annulment can be requested very soon after a marriage has taken place. However, in some states, a couple must be married or in a committed relationship for a certain amount of time (usually one or two years) before filing for divorce. In some states, the couple must live apart for a certain period of time before either party can file for divorce.

Divorce and annulment are two options for legally ending a marriage or domestic partnership, and they have similarities and differences. The type of evidence required for an annulment vs. a divorce, for example, is different.

The most significant distinction between a divorce and an annulment is that a divorce terminates a legally valid marriage, whereas an annulment declares a marriage to be legally invalid.

Divorce is the process of legally dissolving, terminating, and ending a legally valid marriage. Divorce dissolves a legal marriage and declares the spouses single once more.

Annulment: A legal decision that declares a marriage null and void, indicating that the union was never legally valid. The marriage records, however, remain on file even if the marriage is erased.

Annulment vs. Divorce: What Are the Legal Grounds?

The basis for an action—the reasons why a decision is justified—is referred to as “grounds” in legal terms. There are several reasons to seek a divorce rather than an annulment. The primary reason for ending a marriage is that one or both spouses wish to separate.

When the parties acknowledge that the marriage existed, they seek a divorce, which is far more common. When one or both of the spouses believe that the marriage was legally invalid in the first place, they seek an annulment.

Divorce: Fault vs. No-Fault

Adultery, imprisonment, and abandonment are all common reasons for fault divorces. In a no-fault divorce, neither party must show that their spouse is at fault in order for the divorce to be granted. Every state recognizes no-fault divorce. The term “irreconcilable differences” is frequently used to justify a no-fault divorce.

Regardless of the type of divorce, the divorcing couple may still have disagreements about property, finances, child custody, and other issues that require court intervention. Fault divorces can result in larger settlements for the non-fault party.

Annulment

An annulment is a legal process that dissolves a marriage that at least one of the parties believes should never have happened. The legal grounds for annulment vary by state, but they usually include the following:

• One or both of the spouses were coerced or duped into marrying.
• Due to a mental disability, drugs, or alcohol, one or both spouses were unable to make a decision to marry.
• At the time of the marriage, one or both spouses were already married (bigamy).
• One or both of the spouses were under the age of marriage.
• It was an incestuous union.
• One spouse hid a major problem, such as substance abuse or a criminal record. From one, a child, and from the other, an illness.
• An annulment is much less common than divorces because one of these conditions must be met and proven in court for it to be granted.
• Both types of divorce can be costly and time-consuming in the courtroom. And they both begin with one or both spouses filing a formal divorce or annulment petition with the court.
• If both parties agree to end the marriage without many disputes or disagreements about how to do so, either a divorce or an annulment can be simple and inexpensive.

Annulment vs. Divorce: When Should You Annul?

Because of the short duration, many people believe that a very brief marriage can be ended with an annulment. However, a short duration is not a legal basis for annulment. To be annulled, the marriage must still meet one or more of the conditions listed above.

Furthermore, a long-term marriage might not be eligible for an annulment. After a certain amount of time has passed, many states will not grant an annulment. In California, for example, an annulment based on fraud must be requested within four years of the discovery of the fraud (one partner alleges that the other deceived them into agreeing to the marriage). 3

An annulment can be requested very soon after a marriage has taken place. However, in some states, a couple must be married or in a committed relationship for a certain amount of time (usually one or two years) before filing for divorce. In some states, the couple must live apart for a certain period of time before either party can file for divorce.

Following a Divorce or Annulment

The following are some of the distinctions between the two types of divorce: The marriage is considered to have never legally occurred after an annulment. It’s as if the clock has been reset to the time before the marriage. Former spouses may still have obligations to each other after a divorce, such as spousal support and property division.

Finances

Following a divorce, spouses are frequently entitled to spousal support, alimony, or a share of each other’s profits or property acquired during the marriage.

In contrast, with an annulment, the parties are no longer considered valid spouses and are not entitled to the same rights. Instead, they’ll go back to where they were financially before the marriage.

Children

The children of a couple whose marriage has been annulled are still considered “legitimate” (i.e., not born to unmarried parents). However, in some states, the assumption of parentage shifts, and the judge must determine the children’s parentage as part of the annulment process.

The court and/or the state can then determine custody and support requirements as they would in a divorce proceeding (or immediately in states where the assumption does not change). Even if their parents’ marriage is considered invalid, children are still entitled to the support of both parents.

Religious Excommunications

Divorce and annulment are governed by many religious traditions. Religious clergy or written guidelines are frequently used to grant permission. Obtaining permission from religious leaders for an annulment or divorce is usually a separate process from the legal process.

The rules governing divorce and annulment in your religion will often determine whether one, both, or neither of the partners is allowed to remarry within the religion, in a religious ceremony, or participate in other religious rituals.

A court of law may take religious marital status into account, but it is not required to do so when deciding on spousal support, property disputes, or other legal issues.

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.