Here is what you need to know about Annulments in Arizona and understanding what an Annulment is and the proper qualifications. As a Legal Document Preparer or LDP I have had many requests for annulment document preparations, however many of those requests are denied because the clients do not meet the qualifications for an annulment. It is important to understand what an annulment is and what the qualifications are that need to be met to successfully have a marriage annulled.
Annulment vs Divorce:
Annulment of a marriage is essentially the cancellation or void of the marriage. As opposed to a divorce which is an end to a marriage when a marriage is annulled it is as if the marriage did not exist. If the marriage you have had annulled is your first you are to be considered as never married once it has been granted.
To have a marriage annulled you have to prove to the court why the marriage is purported to be invalid. Having been married for a short time and or not having children with your spouse are not legal reasons to grant an annulment, in this case you would have to file for a divorce to dissolve the marriage.
The most common legal reason for an annulment are the following:
- Concealment of prior marital status ( your spouse was already married at the time you were married or you were unaware of a prior marriage )
- Fraud ( your spouse grossly misrepresented information about themselves or important facts in which if you would have known these facts you would have never entered into the marriage)
- Underage (this can also be fraud if you spouse did not meet the age requirement in the state you were married to consent to a divorce and his or her parents also did not provide consent, or if your spouse lied about their age and was unable to legally consent to the marriage)
- Blood relationship (you have been made aware you and your spouse are blood related)
- Duress (you entered in to the marriage by coercion or fear and not by choice)
- Refusal of sexual intercourse
- Lack of Mental or Physical capacity ( you were unable to mentally or physically to provide consent at the time of the marriage.)
If your reason for an annulment is more complicated it is always wise to consult with a family law attorney to determine if you meet the qualifications for an annulment before you invest in any fillings.
Annulments FAQ’s
Is there a time limit for annulment in AZ?
No, there is no time limit to an annulment in AZ, however you or your spouse would have to have lived in AZ for a minimum of 90 days before you can file.
What is the fee for annulment in AZ?
Currently the filing fee for annulments in Maricopa County AZ is $349.00
Do I have to notify my spouse if I file for an annulment?
Yes, once you have filed for the annulment the court requires you to serve copies of the filings to your spouse before the process can move forward.
Do I have to hire an attorney to have my annulled?
No, you have the option to hire a Legal Document Preparer or you can file the documents on our own using the forms and instructions provided by the Court. If you feel your annulment will be complicated it is always wise to seek an attorney consultation before you make a decision on how to proceed.
If you would like more information or would like to hire an attorney or Legal document preparer feel free to book an appointment with us we would be happy to assist you.
Melissa Medina is a certified legal document preparer and independent paralegal with 17 years of experience in the field. She has been helping communities in the valley through legal issues in family law, personal injury, estate planning and more since 2020.
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