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Attorney Carrie Wilcox

When can you qualify for an annulment in Arizona?

On Behalf of | Sep 17, 2021 | Family Law

Since marriages in Arizona require contractual intent, you may be able to qualify for an annulment if you entered into the marriage due to lacking the mental capacity to enter that contract. An annulment may also be possible if you never intended to get married but were tricked by someone while you were impaired or if you were a victim of fraud.

How do you know if you have the grounds for an annulment?

The grounds for an annulment are different than the grounds for a divorce. To get an annulment you have to have a voidable marriage.

Your marriage may be voidable if:

  • A blood relationship is discovered
  • Your spouse concealed their prior marital status
  • You got married due to duress
  • You had a lack of contractual intent
  • It was a proxy marriage
  • Your spouse misrepresented their religion
  • Your spouse refuses intercourse
  • Either spouse is underage

While some people will be able to get an annulment of their marriage, it is much more typical to get a divorce.

Why would you want an annulment instead of a divorce?

You may want an annulment instead of a divorce for a few reasons. The main difference between the two is that a divorce ends your legal marriage contract. An annulment makes it as if you were never married to begin with.

With an annulment, you’re showing that the marriage was never valid. In the eyes of the law, the marriage would have never been legal.

Here are some other interesting facts:

  • Annulments don’t involve alimony or spousal support
  • Annulments can be filed immediately when there are grounds to do so

These are a few things to know about annulments. You can look into your specific situation to determine if an annulment or divorce is right for you. You should get to know your legal options, so you can choose the right path to end your marriage.