Written by Canterbury Law Group

Can You Get An Annulment After 10 Years Of Marriage?

Can You Get An Annulment After 10 Years Of Marriage

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.

Canterbury Law Can Help With Marriage Annulment In Arizona

Marriage annulment is a term many people have heard of, but only a few really understand. Forget about what you may have heard about annulment on TV. There are actually two types of marriage annulments: civil and religious. A religious annulment is granted by a religious institution like a church and its clergy. Civil annulment is granted by a court of law and affects your legal civil status. This article explains civil annulment. Learn more about Marriage Annulment In Arizona.

The Canterbury Law Group should be your number one choice for when you need an annulment in Phoenix or Scottsdale, Arizona. Our experienced family law attorneys will work with you side by side to achieve the best possible legal outcome. You can trust Canterbury Law Group to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be legal advice. You can contact Canterbury Law Group today to learn more about your unique situation.

Written by Canterbury Law Group

Annulment Cost

Annulment Cost

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.

Canterbury Can Help With Marriage Annulment In Arizona

Marriage annulment is a term many people have heard of, but only a few really understand. Forget about what you may have heard about annulment on TV. There are actually two types of marriage annulments: civil and religious. A religious annulment is granted by a religious institution like a church and its clergy. Civil annulment is granted by a court of law and affects your legal civil status. This article explains civil annulment. Learn more about Marriage Annulment In Arizona.

The Canterbury Law Group should be your number one choice for when you need an annulment in Phoenix or Scottsdale, Arizona. Our experienced family law attorneys will work with you side by side to achieve the best possible legal outcome. You can trust Canterbury Law Group to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be legal advice. You can contact Canterbury Law Group today to learn more about your unique situation.

Written by Canterbury Law Group

Annulment Vs Divorce Cost

Annulment Vs Divorce Cost

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 an Uncontested Divorce Cost

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.

Canterbury Can Help With Marriage Annulment In Arizona

Marriage annulment is a term many people have heard of, but only a few really understand. Forget about what you may have heard about annulment on TV. There are actually two types of marriage annulments: civil and religious. A religious annulment is granted by a religious institution like a church and its clergy. Civil annulment is granted by a court of law and affects your legal civil status. This article explains civil annulment. Learn more about Marriage Annulment In Arizona.

The Canterbury Law Group should be your number one choice for when you need an annulment in Phoenix or Scottsdale, Arizona. Our experienced family law attorneys will work with you side by side to achieve the best possible legal outcome. You can trust Canterbury Law Group to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be legal advice. You can contact Canterbury Law Group today to learn more about your unique situation.

Written by Canterbury Law Group

Annulment Vs 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.

Canterbury Can Help With Marriage Annulment In Arizona

Marriage annulment is a term many people have heard of, but only a few really understand. Forget about what you may have heard about annulment on TV. There are actually two types of marriage annulments: civil and religious. A religious annulment is granted by a religious institution like a church and its clergy. Civil annulment is granted by a court of law and affects your legal civil status. This article explains civil annulment. Learn more about Marriage Annulment In Arizona.

The Canterbury Law Group should be your number one choice for when you need an annulment in Phoenix or Scottsdale, Arizona. Our experienced family law attorneys will work with you side by side to achieve the best possible legal outcome. You can trust Canterbury Law Group to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be legal advice. You can contact Canterbury Law Group today to learn more about your unique situation.

Written by Canterbury Law Group

Annulment in Arizona

Are you wondering if you are eligible for an annulment? Learn about the grounds for annulment in Arizona and how to obtain one.

Annulment is a frequently misunderstood legal concept, owing to the fact that popular culture and religion have promoted divergent and frequently erroneous views of what an annulment is in family law.

This article discusses “civil annulments,” as opposed to “religious annulments,” which can be granted only by a church or clergy member and have no legal effect on your marital status.

Annulments and divorces are similar in that they both establish marital status. However, the critical distinction between them is that divorce terminates an existing, valid marriage, whereas annulment simply declares that what everyone believed was a marriage was never actually one. An annulled marriage never existed in the eyes of the law.

Arizona’s Grounds for Annulment

There are several circumstances in which you may petition an Arizona court to annul your marriage:

  • One of the parties was married to another individual (bigamy).
  • The parties are blood relatives.
  • At the time of the marriage, one of the parties was a minor and did not obtain the consent of a parent or guardian.
  • One of the parties, or both, lacked the mental capacity to marry.
  • Both parties lacked the physical ability to marry.
  • At the time of the marriage, one or both parties were intoxicated.
  • The parties lacked the intent to enter into a marriage contract, either one of them or both.
  • The parties failed to obtain an official marriage license in a timely manner.
  • Instead of marrying each other in person, the parties used a proxy (substitute).
  • One of the parties committed fraud in order to obtain the consent of the other party to the marriage.
  • The one party used coercion (legally referred to as “duress”) to coerce the other party into agreeing to marry.
  • The parties have not engaged in sexual relations or one of the parties has refused to engage in sexual relations.
  • One of the parties fabricated information about his or her religion.
  • One of the parties omitted information about his or her previous marital status.
  • One of the parties planned to violate a premarital agreement in secret.

How Can I Obtain a Court Order Terminating My Marriage?

Due to the fact that annulment actions are heard in Arizona’s superior (trial) courts, you must file your paperwork at your local courthouse. By court order, an Arizona superior court judge can declare a marriage null and void and annul it. The “plaintiff” (the party seeking annulment) should file an annulment petition, and the defendant should respond. Additional documents may be required, and both parties must adhere to the rules governing service of process. Both will be summoned to appear in court, where the court will hear testimony, consider written submissions and applicable law, and issue an order.

Because annulments have significant financial and custodial consequences, it is critical to consult with a lawyer prior to proceeding.

Certain individuals fear that if their marriage is annulled, the paternity of their children will be questioned. Technically, this is correct. Due to the fact that an annulled marriage is invalid, the children born of the “marriage” are illegitimate, as if they were born to single parents. This, however, is a technical distinction with little practical significance, as Arizona law provides that “every child is the legitimate child of its natural parents and is entitled to support and education in the same manner as if born in lawful wedlock.” Thus, all children in Arizona receive the same level of protection and support regardless of their parents’ marital status, whether they are divorced or never married. While that statute does not affect parental rights, the courts in Arizona have also determined that parents of children born outside of marriage have co-equal custody of their children once paternity is established.

In Arizona, a presumption of paternity is created (a strong legal assumption that the alleged father is the biological father) if any of the following are true:

the father and mother were married within the ten months preceding the child’s birth, or the child is born within the ten months following the marriage’s termination by death, divorce, or annulment.

  • Genetic testing establishes at least a 95% probability of paternity.
  • A birth certificate is signed by both the mother and father of an unmarried child, or
  • Both parents sign a notarized or witnessed statement acknowledging paternity.
  • Thus, the majority of children born out of annulled marriages in Arizona are almost certainly covered by a paternity presumption. If a father wishes to contest this presumption, he must establish his paternity through “clear and convincing” (very strong and substantial) evidence.

Additionally, the Arizona court hearing the annulment case will determine parentage and enter custody and child support orders.

Because an annulled marriage is legally regarded as never having been valid, courts in the majority of states lack the authority to award alimony or divide property or debts. This is because there cannot be a marital estate without a valid marriage. However, Arizona is unique in that it has a more generous statute. According to Arizona law, when a marriage is annulled, the courts must divide the property between the spouses.

Written by Canterbury Law Group

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.

Canterbury Can Help With Marriage Annulment In Arizona

Marriage annulment is a term many people have heard of, but only a few really understand. Forget about what you may have heard about annulment on TV. There are actually two types of marriage annulments: civil and religious. A religious annulment is granted by a religious institution like a church and its clergy. Civil annulment is granted by a court of law and affects your legal civil status. This article explains civil annulment. Learn more about Marriage Annulment In Arizona.

The Canterbury Law Group should be your number one choice for when you need an annulment in Phoenix or Scottsdale, Arizona. Our experienced family law attorneys will work with you side by side to achieve the best possible legal outcome. You can trust Canterbury Law Group to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be legal advice. You can contact Canterbury Law Group today to learn more about your unique situation.

Written by Canterbury Law Group

Alimony Factors in Arizona

Alimony is the former name for what’s now called spousal maintenance. Alimony is financial assistance that the court orders one spouse to provide another spouse when a marriage ends. One spouse must request spousal support for the court to issue an order compelling the payments. There are several factors that a court takes into account when determining alimony. The court first examines certain qualifying factors to determine if one spouse even can procure alimony and then and only then decides how much and for how long.   There are no juries in Arizona family court, only a sitting judge.  So whether you like it or not, one person, in a black robe, will someday make a big decision on how much and how long your ex-spouse may or may not be paid upon divorce.

The Need for Spousal Maintenance

The court first decides whether one spouse actually qualifies for spousal maintenance and whether the other has the means to pay, before ordering maintenance be paid. A spouse may request alimony if he or she does not have enough property after marital distribution to provide for oneself, or is somehow unable to find proper employment. If one spouse has significantly contributed financially to the other spouse’s education, then alimony can be requested by the spouse who contributed. The court will look at the other’s spouse’s financial situation as well. A divorce lawyer in Scottsdale can help you file an alimony petition.

Duration of Marriage Affects Alimony

The longer the separating couple has been married, the higher the chance for alimony for one spouse may be. Generally speaking, if married less than 5 years, procuring maintenance from the wealthier spouse can be a challenge, or impossible. Once one hits ten years or more, the ability to obtain maintenance for some period of time appears to jump significantly.  If you have been married 30 years or more you can almost guarantee that someone is going to be paying spousal maintenance to the other.

The law of Arizona specifically states to take the duration of marriage into consideration when setting alimony. However, the law does not specify the ideal duration or a minimum duration. So even a spouse that was married for just a week can technically request alimony.  As noted, however, marriages of short duration rarely qualify for a payout.

Can Alimony Be Granted to Unfaithful Spouses?

The short answer is yes.  This is a common question for some divorcees. Understandably, a spouse may not want to pay alimony to another who has been unfaithful throughout the marriage. So, some spouses may prefer to have such spousal misconduct be a factor in determining alimony. However, in Arizona, divorce is not granted based on spousal misconduct. Arizona is a no fault jurisdiction.  Thus, couples can file for divorce in Arizona without providing a reason. If one spouse contests the divorce, the other spouse only has to show to the court that the marriage is broken beyond repair. Marital misconduct is not legally relevant to the divorce proceedings, and therefore will not play a role in any alimony fight. Unfaithfulness on one side does not lead to automatically denying alimony for that spouse, nor does the court demand the cheating spouse to pay the other. The same applies for dissolution of covenant marriages.  Long story short, while he or she may have cheated—he or she may still get paid by the Court depending on your income and length of marriage.

Prenup Roles in Alimony

A prenuptial agreement is an optional private contractual agreement that spouses enter into before marriage. When a couple divorces, a prenup is upheld for the most part if all provisions are in accordance with the law. If one spouse has agreed not to seek alimony in a prenup, the court will often uphold this in divorce proceedings. However, the court may rule otherwise if the spouse that needs alimony could end up in a welfare state without spousal maintenance. Arizona law allows courts to decline the validity of prenups if one spouse could end up in dire financial need following divorce.

Determining alimony is affected by many factors. Consult with a competent divorce lawyer to secure alimony as you desire, or to defend vigorously against paying it.

Written by Canterbury Law Group

Marriage Annulment in Arizona

Marriage annulment is a term many people have heard of, but only a few really understand. Forget about what you may have heard about annulment on TV. There are actually two types of marriage annulments: civil and religious. A religious annulment is granted by a religious institution like a church and its clergy. Civil annulment is granted by a court of law and affects your legal civil status. This article explains civil annulment.

What is Civil Annulment in Arizona?

Civil marriage annulment takes place when a court declares that a marriage is not valid but void. It means that the court legally declares that for legal purposes the couple was never married. It can be confusing, but if what was considered a marriage was not obtained in accordance with legal requirements for marriage in Arizona, the court can annul the marriage. It’s sort of like a court “erasing” a marriage. It is as if the marriage literally never happened.

The Two Types of Civil Annulment

Courts in Arizona classify annulments in two ways as voidable marriages and void marriages. A void marriage is a union that was not valid from the beginning. Arizona has a list of prohibitions for marriage, such as incest, which would make a marriage completely invalid. If a biological brother and a sister got married, this is not a marriage that the state recognizes as valid, and therefore would incur in a void annulment.   There are several other methods by which a marriage can be deemed void and you should consult a family law attorney for more details.

A voidable annulment is where one party can seek an annulment from a court. For example, if one spouse was deceived into marrying the other, the wronged spouse has the right to request a voidable marriage annulment.  Deception grounds can include, for example, failure to consummate the marriage by one partner refusing to ever have sex with the other spouse at any time after the ceremony.  Again, consultation with legal counsel is critical before you seek annulment.

Is an Annulment Any Different from Divorce?

Getting a divorce involves going through often-lengthy court proceedings to formally end a marriage. The important difference between divorce and annulment is that in the case of the former, the courts recognize the marriage as valid, and thus to end it there must be divorce proceedings according to the law. Annulments do not require going through lengthy court proceedings. Once a judge declares a marriage invalid, it’s no more.  It typically can occur far faster than a conventional divorce litigation.

It should be understood that not all annulments are quick and painless. There are very specific grounds under which a marriage can be annulled.  Absent qualification for such a remedy, your case will be diverted to a conventional divorce resolution like everyone else.

What are the 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.