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Annulment in Phoenix

When a married couple requests an annulment, they are basically asking the court to hold that the marriage was never valid to begin with. Although rare, procedures are available for couples to request an annulment if the required legal grounds are present. These grounds in Arizona include the inability to consummate the marriage, fraud, bigamy, incest and a concealed communicable disease or criminal record.

Due to the complexity of Arizona annulment laws and the state’s dislike of annulments, you should consider retaining an experienced Phoenix Family Law attorney to represent you in an annulment case in order to ensure that you understand the process and preserve your rights.


Recently in Annulment Category

Is Annulling Your Marriage a Good Alternative to Divorce?

Britney Spears did it. So did Kim Kardashian. But that doesn't necessarily mean annulling your marriage is an option for everyone.

Divorce is a legal end to a marriage but annulment is a different process. At the end, it's as if the marriage never existed under the law. That allows you to avoid the division of property and distribution of alimony that comes with divorce.

To call annulment an alternative to divorce isn't quite fair. You can end a marriage for any reason, or none at all, with a divorce. But you can only get an annulment if you qualify.

Kim Kardashian Divorce 101: AZ Annulments, Alimony and Prenups

The much-hyped fairy tale romance involving Kim Kardashian and NBA player Kris Humphries is reportedly coming to an end just 72 days after it became legally official, reports CBS Los Angeles. Along with the gossip surrounding the reasons for the dissolution, Kim Kardashian's divorce provides a veritable treasure trove of considerations Arizona couples should take into account when deciding on marriage and divorce.

First, news reports have stated that neither Kardashian or Humphries will be seeking an annulment although they have only been married for less than three months. Under Arizona law, a couple can file for an annulment if the marriage is considered invalid for such enumerated reasons as misrepresentation, concealment of disease, or inability to consummate the marriage. In an annulment, a marriage is treated as if it never existed.

What Is An Invalid Marriage?

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.

Grounds For Annulment in Arizona

An annulment is a court procedure that dissolves a marriage and treats the marriage as if it never happened. This is a legal procedure that is different from a divorce in that an annulment declares a marriage void and is retroactive. The grounds for annulment often vary from state to state, but the state of Arizona has some pretty basic requirements on what can constitute an annulment.

AboutDivorce.org states that misrepresentation, concealment of a disease, concealment of crime, inability to consummate the marriage, and addiction to drugs are all legal grounds for annulment under the Arizona law. FindLaw states that most of these grounds are pretty common throughout most U.S states. And while an annulment may seem like a nice "get out of jail free card" if you're unhappy with a marriage, it's important to realize that there can be some consequences when getting a marriage annulled.