{"id":21145,"date":"2020-03-03T20:22:10","date_gmt":"2020-03-03T14:52:10","guid":{"rendered":"https:\/\/golocalclassified.com\/article\/?p=21145"},"modified":"2021-02-07T14:29:40","modified_gmt":"2021-02-07T08:59:40","slug":"grounds-for-marriage-annulment-according-to-arizona-law","status":"publish","type":"post","link":"https:\/\/golocalclassified.com\/article\/grounds-for-marriage-annulment-according-to-arizona-law\/","title":{"rendered":"Grounds for Marriage Annulment According To Arizona Law"},"content":{"rendered":"\n<p>There\u2019s a reason annulment can be so tricky: it\u2019s because many people don\u2019t realize what annulment means legally. Certain factors\u2014such as religious ordinance and popular culture\u2014help in propagating misinformation about marriage annulment. &nbsp;<\/p>\n\n\n\n<p>In reality, marriage annulment is not a divorce. Divorce ends an existing marriage. Marriage annulment ends what two individuals thought was a marriage. Marriage annulments are a civil matter taken up legally by lawyers with expertise in family law.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong><b>Why Annulments Can be Tricky<\/b><\/strong><\/h2>\n\n\n\n<p>Even notwithstanding the case of religious annulments (in which case, a religious figure of authority annuls the marriage, and which isn\u2019t performed in a court), marriage annulments have always been tricky. Since the focus is on proving that a marriage never really existed, that it was a sham marriage or otherwise, the <a href=\"https:\/\/weingartfamilylaw.com\/\" target=\"_blank\" rel=\"noreferrer noopener\"><u>Divorce Lawyer<\/u><\/a>&nbsp;has to pull several strings to make it work.<\/p>\n\n\n\n<p>However, marriage annulments aren\u2019t all that uncommon. They happen all over the world, for various reasons. A <u>court in Singapore<\/u>, for instance, declared a marriage void because a man had undergone a sex change without informing his spouse. Very recently, <a href=\"https:\/\/www.cbc.ca\/news\/canada\/kitchener-waterloo\/no-sex-marriage-annulment-waterloo-1.5307841\" target=\"_blank\" rel=\"noreferrer noopener\"><u>a court in Canada<\/u><\/a>\u00a0declared a no-sex marriage void, while <a href=\"https:\/\/www.rappler.com\/previous-articles?filterMeta=annulment%20in%20the%20Philippines\" target=\"_blank\" rel=\"noreferrer noopener\"><u>the Philippines<\/u><\/a>\u00a0has been facing similar situations, and even <u>the Catholic Herald<\/u>\u00a0has reported a rise in requests for a marriage annulment.<\/p>\n\n\n\n<p>In the United States, the rules and requirements for requesting a marriage annulment and seeing it through may vary from state to state.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong><b>Marriage Annulment Requirements for <\/b><\/strong><strong><b>Arizona<\/b><\/strong><\/h2>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/golocalclassified.com\/article\/wp-content\/uploads\/2020\/02\/b12.png\" alt=\"\"\/><\/figure>\n\n\n\n<p>As is the case in other states, if you\u2019re thinking of requesting your marriage be declared void, you\u2019ll need to fulfill certain rules in Arizona. These include:<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>You must be a resident of Arizona, at least for a total of 90 days.<\/li><li>You cannot be in a covenant marriage. Arizona is one of the 3 states that allow covenant marriages (the other two being Louisiana and Arkansas). You cannot petition to annul a covenant marriage under Arizona law. Read more about covenant marriages <a href=\"https:\/\/www.azcourts.gov\/Portals\/31\/Other%20DR\/covenant.pdf\" target=\"_blank\" rel=\"noreferrer noopener\"><u>here<\/u><\/a>.<\/li><\/ul>\n\n\n\n<p>Only if you qualify for the aforesaid can you petition an annulment of the marriage. Also bear in mind the following:<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Arizona courts do not facilitate a religious annulment. If you seek religious annulment, follow through with relevant religious channels and bodies.<\/li><li>The idea that a marriage can only be annulled shortly after it took place is incorrect. There is no cut-off date for an annulment to take place in Arizona.<\/li><li>The burden of proof lies entirely on your shoulders since you\u2019re the petitioner.<\/li><\/ul>\n\n\n\n<p>Generally, Arizona has separate procedures for annulments <a href=\"https:\/\/www.courts.ca.gov\/1037.htm?rdeLocaleAttr=en\" target=\"_blank\" rel=\"noreferrer noopener\"><u>when you\u2019ve had minor children<\/u><\/a>&nbsp;in marriage and <a href=\"https:\/\/superiorcourt.maricopa.gov\/media\/2300\/draa10iz.pdf\" target=\"_blank\" rel=\"noreferrer noopener\"><u>when you haven\u2019t<\/u><\/a>. You must also bear in mind that the reason annulment is such a difficult process is because declaring a marriage void is so much more than what goes down in a divorce. An annulment is meant to erase all trace of the marriage\u2014as if it never happened. The conditions\u2014or the grounds\u2014that qualify for a legitimate marriage annulment petition in Arizona, therefore, are very particular and are discussed below in detail.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong><b>No Consummation<\/b><\/strong><\/h2>\n\n\n\n<p>Various elements add to this factor: the inability to consummate, for instance, as well as impotency fall under this category. As the petitioner, you must prove that your partner was impotent when you got married. The fact that you did not know until later is also crucial.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong><b>Incest<\/b><\/strong><\/h2>\n\n\n\n<p><a href=\"https:\/\/www.azleg.gov\/ars\/25\/00101.htm\" target=\"_blank\" rel=\"noreferrer noopener\"><u>Under Arizona laws<\/u><\/a>, it is prohibited for immediate relatives to get married: such as marriage between parent and child, brother and sister, half\/brother and half\/sister, grandparent and grandchildren, and first cousins. The petitioner must provide proof of familial relationship in order to have the marriage declared void.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong><b>Bigamy<\/b><\/strong><\/h2>\n\n\n\n<p>Under Arizona law, you can only have one (living) spouse at a time. The only events in which bigamy is allowed is when your spouse has died, or if you\u2019re divorced. If you already have a spouse and get into marriage with another, knowingly, that\u2019s <a href=\"https:\/\/www.azleg.gov\/ars\/13\/03606.htm\" target=\"_blank\" rel=\"noreferrer noopener\"><u>a Class 5 Felony<\/u><\/a>&nbsp;that you\u2019re guilty of.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong><b>Lack of Consent<\/b><\/strong><\/h2>\n\n\n\n<p>If the marriage had taken place under duress or if you had been threatened to get married, you can have that marriage legally dissolved through annulment. Under Arizona law, a marriage in which consent of both parties wasn\u2019t involved is not valid.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong><b>Insanity or Lack of Mental Capacity<\/b><\/strong><\/h2>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/golocalclassified.com\/article\/wp-content\/uploads\/2020\/02\/b13.png\" alt=\"\"\/><\/figure>\n\n\n\n<p>If a person was married off when they were insane or was of a mental capacity that disables voluntary consent, the marriage is deemed voidable. Legal consent and contractual intent are the requisites for any marriage to be considered valid in Arizona. Mentally ill or considerably mentally challenged states do not make up for either consent or intent. It is important to prove that the petitioner\u2019s mental state was challenged at the time of the marriage and not after the marriage took place.<\/p>\n\n\n\n<p>Similarly, temporary insanity is also considered as valid grounds for a marriage annulment in Arizona. This, however, can be tricky, and it\u2019s best to have an attorney\u2019s&nbsp;counsel before petitioning for marriage annulment on the grounds of temporary insanity.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong><b>Intoxication<\/b><\/strong><\/h2>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/golocalclassified.com\/article\/wp-content\/uploads\/2020\/02\/b14.png\" alt=\"\"\/><\/figure>\n\n\n\n<p>If the petitioner was drugged when the marriage took place, consent could not have been established, and the marriage, therefore, becomes voidable. This is keeping in line with the degree of intoxication that affects a person\u2019s ability to consent and sign a contract.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong><b>Frau<\/b><\/strong><strong><b>d<\/b><\/strong><\/h2>\n\n\n\n<p>If your spouse had been misleading in their information, background, etc., you could build a case around deceit. If this deceit was solely for the purpose of goading you into marriage, and if you can prove it somehow, you\u2019ll have a strong case on your hands.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong><b>Underage Marriage<\/b><\/strong><\/h2>\n\n\n\n<p>In Arizona, the legal age for marriage (without parental consent) is 18 years. Anyone under 18 years of age, wishing to get married, <a href=\"https:\/\/www.azleg.gov\/ars\/25\/00102.htm\" target=\"_blank\" rel=\"noreferrer noopener\"><u>requires parental consent<\/u><\/a>. For individuals under 16 years of age, additional approval from a judge of a Superior Court is also required. If an underage individual has a marriage license that was obtained without the consent of their parents, Arizona law deems the marriage voidable.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong><b>Mock Marriages<\/b><\/strong><\/h2>\n\n\n\n<p>If two individuals had agreed to get married without intending to, the marriage lacks legal intent, and the marriage is thereby deemed voidable. The petitioners will need to prove the purpose of their mock marriage in court. If the petitioners are unable to build a case for probable cause for a mock marriage, the court will view the marriage as a valid (and not a mock) marriage\u2014and Arizona law doesn\u2019t annul valid marriages. If such is the outcome, the petitioners will have to look at a divorce.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong><b>Other Grounds for Marriage Annulment in Arizona<\/b><\/strong><\/h2>\n\n\n\n<p>Other cases can also be treated as valid grounds for marriage annulment under Arizona law. These include the lack of mental soundness of both parties at the time of marriage, the use of a proxy for a marriage, misrepresentation of the spouse\u2019s religion, etc. Given how marriages can often be brokered between parties for financial purposes, it\u2019s no wonder that the requests for marriage annulment should be so high.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong><b>Want to Petition for a Marriage Annulment in <\/b><\/strong><strong><b>Arizona<\/b><\/strong><strong><b>?<\/b><\/strong><\/h2>\n\n\n\n<p>A petition for a marriage annulment in Arizona will be heard at one of the superior courts. Your petition needs to be filed at a local court, following which your spouse (or the other party, in this case) will be notified. They have the right to respond. The court weighs in arguments and evidence from both parties before coming to a decision.<\/p>\n\n\n\n<p>To ensure that your case is built properly, with all the required evidence and legal backing, do not hesitate to get in touch with the attorneys&nbsp;at Weingart Law Firm, PLLC, in Arizona. You can <a href=\"https:\/\/weingartfamilylaw.com\/contact-us\/\" target=\"_blank\" rel=\"noreferrer noopener nofollow\"><u>schedule a consultation with them online<\/u><\/a>, read more about them <a href=\"https:\/\/weingartfamilylaw.com\/about-weingart-family-law\/\"><u>here<\/u><\/a>, or give them a quick call at (602) 675-8678.<\/p>\n\n\n\n<p>Remember, you\u2019re not in this alone. An attorney with expertise in <a href=\"https:\/\/weingartfamilylaw.com\/\" target=\"_blank\" rel=\"noreferrer noopener nofollow\"><u>family law<\/u><\/a>&nbsp;can help you build a strong case and help you out of a bad marriage.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>There\u2019s a reason annulment can be so tricky: it\u2019s because many people don\u2019t realize what annulment means legally.<\/p>\n","protected":false},"author":18335,"featured_media":21144,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[96],"tags":[2374,654,2719,4962],"class_list":["post-21145","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-law","tag-divorce","tag-law","tag-lawyers","tag-marriage-annulment"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/golocalclassified.com\/article\/wp-json\/wp\/v2\/posts\/21145","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/golocalclassified.com\/article\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/golocalclassified.com\/article\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/golocalclassified.com\/article\/wp-json\/wp\/v2\/users\/18335"}],"replies":[{"embeddable":true,"href":"https:\/\/golocalclassified.com\/article\/wp-json\/wp\/v2\/comments?post=21145"}],"version-history":[{"count":0,"href":"https:\/\/golocalclassified.com\/article\/wp-json\/wp\/v2\/posts\/21145\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/golocalclassified.com\/article\/wp-json\/wp\/v2\/media\/21144"}],"wp:attachment":[{"href":"https:\/\/golocalclassified.com\/article\/wp-json\/wp\/v2\/media?parent=21145"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/golocalclassified.com\/article\/wp-json\/wp\/v2\/categories?post=21145"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/golocalclassified.com\/article\/wp-json\/wp\/v2\/tags?post=21145"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}