Happily married couples may occasionally find out that their marriage is for some reason invalid. An invalid marriage is rare, but possible. The situation may occur if one spouse incorrectly thought that a previous marriage ended in divorce or death of another spouse. FindLaw also states that a marriage can legally be considered invalid if the marriage is found to be between two close relatives, such as siblings, or if one spouse is underage for a legal marriage in Arizona. This is where an annulment can come into play.
If the marriage is found to be invalid for any reason, family courts can allow for an annulment rather than a divorce. With an annulment, a marriage is treated as if it never existed. This is different from a divorce in that a divorce declaration ends a marriage that was considered to be valid.
If a couple decides to get a divorce after a long period of time and then realizes at the time of a divorce filing that their marriage was never considered to be valid, then the courts may refuse to declare a marriage invalid after such a great length of time has passed. In situations like this, a divorce is usually required to end the marriage.
Because getting a marriage annulled is a legal procedure, Phoenix family lawyers will often get involved in the process of an annulment in the state of Arizona. With an annulment, both spouses lose the rights of a married person, but are free to marry somebody else without going through the process of a divorce.
- Annulment vs. Divorce (FindLaw)
- What Rules Apply if a Marriage Turns out to be Invalid? (FindLaw)
- Find a Phoenix Family Lawyer (FindLaw)