Marriage doesn’t always turn out the way you expected. If you’re in a situation where you believe your marriage should never have been valid in the first place, you may be considering an annulment. In Arizona, an annulment is a legal process that declares a marriage void—as though it never happened. While it’s not as common as divorce, it may be the right solution, depending on your circumstances. At Cohen Family Law, we’ll help you understand how annulments work in Arizona and what you should know before pursuing one.
Legal Grounds for Annulment in Arizona
Annulments are only granted for specific legal reasons. You can’t get an annulment just because you regret the marriage or things didn’t work out. Arizona courts require proof that the marriage was never legally valid due to one of the following:
- Bigamy: One spouse was already legally married to someone else.
- Fraud or misrepresentation: A spouse lied about something serious, such as their identity, intentions, or ability to have children.
- Incest: The spouses are closely related by blood.
- Lack of capacity: One or both people were mentally incapacitated or under the legal age to marry without parental consent.
- Duress or coercion: The marriage was forced or entered under extreme pressure.
- Impotence: One spouse was permanently unable to consummate the marriage and didn’t disclose this beforehand.
- Sham marriage: The relationship was entered into for reasons like immigration benefits and not for a real marital relationship.
Annulment vs. Divorce in Arizona
Divorce and annulment may seem similar, but they lead to different outcomes. A divorce ends a valid marriage. An annulment says the marriage was never legally valid to begin with.
Here’s how they differ:
- Annulment:
- Marriage is treated as though it never existed
- No spousal maintenance
- Limited rights to property or debt division
- Divorce:
- Ends a legal marriage
- May include spousal maintenance
- Community property laws apply
For some, the decision between the two comes down to legal rights. For others, it’s about religious beliefs or personal values. Either way, it’s important to understand how each option may affect your future.
Time Limitations and Religious Considerations
There’s no strict deadline to file for an annulment in Arizona, but timing can affect your case. The longer you wait, the harder it may be to gather proof or show the marriage met annulment conditions from the beginning.
It’s also important to know the difference between a religious annulment and a civil annulment:
- Religious annulment: Issued by a church, affects religious status but not legal marital status.
- Civil annulment: Granted by a court, legally voids the marriage.
If your religious beliefs are a factor in your decision, we can help you understand how the two processes interact—and what’s required to meet Arizona’s legal standards.
Effects on Property, Debt, and Children
Since annulled marriages are treated as if they never happened, Arizona’s community property rules typically don’t apply. However, courts may still divide shared property or debts fairly, especially if assets were acquired together.
When children are involved, the court handles matters the same way it would in a divorce:
- Parenting time and legal decision-making (custody) must be determined
- Child support is calculated using the same state guidelines
- Children born during an annulled marriage are still considered legitimate under Arizona law
Examples of When Annulment May Apply
Every annulment case turns on specific facts, but here are a few examples that show how Arizona courts might approach these situations:
- A 17-year-old marries without parental consent. Because Arizona law requires permission at that age, the marriage could be voided due to lack of legal capacity.
- One spouse enters the marriage solely for immigration benefits and never intended to build a life together. That could lead to annulment based on fraud.
- A person discovers after the wedding that their spouse concealed a serious mental health condition that prevented them from understanding or consenting to the marriage. The court may find the marriage invalid.
These examples show how annulment can be an option when the marriage shouldn’t have been valid from the start.
When to Talk to a Lawyer
If you’re thinking about annulment, it’s a good idea to get legal advice before taking any steps. We can help you figure out if you meet the legal grounds, collect the right evidence, and file the proper paperwork. Annulment cases are very fact-specific, and the outcome often depends on what you can prove to the court. At Cohen Family Law, we can guide you through the process and protect your rights.
Contact an Experienced Phoenix Annulment Attorney
An annulment can offer a fresh start when a marriage was never valid to begin with. It’s not right for everyone, but it may be right for you. If you’re unsure, reach out to Cohen Family Law to discuss your situation. We’ll listen, provide honest answers, and help you take the next step forward.
