What are the top 3 reasons for an annulment?
The reasons for an annulment differ from state to state, but the state of Arizona has some basic requirements on what constitutes an annulment. The provisions for a marriage annulment in Arizona are found in title 25, chapter 3 and article 1 of the Arizona code. The act for a marriage annulment in the state of Arizona is concise and ascertains the ability of the court to pronounce the marriage void if the grounds and conditions for an annulment are present. There are a number of reasons that can be used for a marriage annulment in Arizona, but they need a high degree of proof; generally, you have to use the services of a family law attorney to secure the annulment. The top three grounds for an annulment include;
When an individual marries while mentally ill, insane or lacking mental capacity, then such a person could not give legal consent to marrying, therefore, there may be grounds for an annulment. A mentally ill person lacks the legal capacity to enter into a marriage contract because a marriage requires contractual intent. The determining factor is the person’s mental state at the time of marriage not before or after marriage.
When one party deliberately distorted facts and information for the purpose of swindling the other party into marriage, then the marriage can be annulled on fraud grounds.
When an individual was drugged, under the influence or intoxicated at the time of marriage and was unable to comprehend the meaning and consequences of marriage, then the marriage can be annulled under Arizona law.
Parties should understand that with annulment, both parties give up their rights as married persons including the right of inheritance and succession, community property, and spousal maintenance. When you need help with annulment in Arizona, contact our Scottsdale divorce attorney at The Law Offices of Hope E. Fruchtman.
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Scottsdale, AZ 85260