What is Annulment?

What is an Annulment?

An Annulment is a declaration by the court that no marriage existed in the first place, therefore the marriage was null and void. The main difference between a Divorce and Annulment in Arizona is that a spouse is not entitled to Spousal Maintenance in an Annulment. There are a number of legal grounds that may allow you to annul your marriage, including:

  • One of the parties was married to someone else (“Bigamy”).
  • The parties are related by blood.
  • One of the parties was a minor at the time of the marriage, and did not obtain the consent of a parent or guardian.
  • One or both of the parties lacked the mental capacity to get married.
  • One of both of the parties lacked the physical capacity to get married.
  • One or both of the parties were intoxicated at the time they married.
  • One or both of the parties lacked the intent to enter into a marriage contract.
  • The parties failed to obtain a proper, official Marriage License.
  • The parties used a proxy (substitute) instead of marrying each other in person.
  • One of the parties perpetrated a fraud to get the other party to consent to the marriage.
  • One party used force (legally known as “Duress”) to get the other party to agree to marriage.
  • The parties have not had sexual relations, or one party refused to have intercourse.
  • One of the parties misrepresented his or her religion.
  • One of the parties concealed his or her prior marital status.
  • One of the parties secretly planned to evade a premarital agreement.