Are We Eligible for an Annulment?

annulmentIf you’re contemplating an annulment of your marriage in Arizona, Title 25 Chapter 3 Article 1 of the Arizona Code allows for it. The statute states that “The Superior Courts may dissolve a marriage, and may adjudge a marriage to be null and void when the cause alleged constitutes an impediment rendering the marriage void.” Getting an annulment isn’t easy. If you live in or around Phoenix, we recommend that you speak with a Scottsdale family attorney at the Fruchtman Law Firm.

If an annulment is granted, it has the same effect as a divorce. Assets are divided and the rights and obligations as to children of the parties are adjudicated. In the end, it’s as if you were never married at all. What was a marriage becomes a nullity. Rather than saying that you’re divorced, you can legally hold yourself out as having never been married.

In order to have a court grant an annulment, you must prove that you are eligible for one. You must prove one of the following grounds:

  • That the marriage was never consummated.
  • It was incestuous.
  • Your spouse was guilty of bigamy.
  • Your spouse was a minor at the time of the marriage.
  • Your spouse was guilty of fraud or misrepresentation.
  • He or she was of unsound mind.
  • You were forced into the marriage.

Petitioning for an annulment and proving that you’re eligible for one can be a burdensome endeavor, especially if you intend on representing yourself. Arrange for a consultation with a Scottsdale family attorney at the Fruchtman Law Firm before making any filings. We will listen to you carefully. We will answer your questions and advise you of your full range of legal options. You don’t want to be required to continue to return to court on your case for months or even years after an annulment might be granted. Get it done right the first time with Hope E. Fruchtman.