FAQ - Annulment
What is an annulment?
An annulment is a court process to declare that the persons were never legally married to begin with, because at the time of the marriage something was so wrong that no legal relationship could be established by marriage. Arizona law lets only “void” or “voidable” marriages be annulled. A void marriage is one the law prohibits, such as between certain blood relatives. Reasons a marriage may be voidable include: undissolved prior marriage, duress, and fraud. The words “duress” and “fraud” have precise legal meanings as they relate to annulment. If you think you entered into a marriage as the result of duress or fraud, an attorney can advise you about whether your circumstances meet the legal requirements for annulment. No matter how short a time you have been married, your marriage must be void or voidable for another reason provided in law for you to have it annulled. If you want to end a marriage and your circumstances do not qualify for an annulment, you may ask for a legal separation or divorce. Self-Help Centers have free forms and instructions for these procedures.
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Do I have grounds for an annulment?
In order to get an annulment you must have a void or voidable marriage. Your marriage may be void or voidable if one of the following applies: absence of mental capacity, absence of physical capacity, absence of a valid marriage license, blood relationship, concealment of prior marital status, fraud, duress, lack of contractual intent, proxy marriage, undissolved prior marriage, secret attempt not to abide by antenuptial agreement, misrepresentation of religion, refusal of intercourse or underage. There may be other reasons for an annulment that a court will accept. If you have any questions you may want to speak with an attorney for more information. If you do not meet the grounds for an annulment you may still get a divorce.
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How do I file for an annulment?
If you and your spouse have no children together, your court might have a do-it-yourself annulment packet. If not, many courts accept the packet of Maricopa County. These packets explain the steps and include forms. Some courts offer special programs, such as counseling, or require additional steps, such as mediation. If you and your spouse do have children together, you can research what is required for an annulment in the Arizona Revised Statutes and the Arizona Rules of Family Law Procedure and write your forms from scratch based on your research, or an attorney can help you.
Current filing fees and fee waiver and deferral forms are found in the Fee Waiver and Deferral topic area.
Resources:
Annulment of a Non-Covenant Marriage Forms and instructions
Marital and Domestic Relations A.R.S. Title 25Arizona Rules of Family Law Procedure
Under what circumstances can spousal maintenance be paid?
Generally, the individuals can agree or the court can order spousal maintenance be paid by one spouse to another. The court will follow the state law (A.R.S. § 25-319) when determining if spousal maintenance is appropriate and will grant spousal maintenance for any of the following reasons if it finds that the spouse seeking maintenance:
1. Lacks sufficient property, including property apportioned to the spouse, to provide for the reasonable needs of the spouse.
2. Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to be self-sufficient.
3. Contributed to the educational opportunities of the other spouse.
4. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient.
What are examples of community property and debts?
Examples of community property include: real estate, home furnishings, vehicles, bank accounts, investment accounts, credit card debts, student loans, car payments, and some retirement plans. All property or debt that either spouse acquires during the marriage is likely considered community property unless it can be proven that certain property was acquired as a gift or inheritance.
Is Arizona a community property state?
Arizona is a community property state. Community property generally means that spouses equally share ownership of anything purchased, acquired, or paid for during the marriage no matter who uses the property, who paid for the property, or whose name is on the title to the property.
How do I amend a motion in an annulment?
To make changes to a motion that is already filed with the court you will need to file an additional document called an amendment that contains the changes. This document must follow the Arizona Rules of Family Law Procedure and will need to be given to the court as well as served to the others involved in the case.
Resources:
• Arizona Rules of Family Law Procedure
If I cannot afford to pay the fees, can I have my fees deferred?
You may fill out an application for deferral of your filing or service fees. Your application will be reviewed and if you qualify the court may allow you to make payments for your fees.
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How can I get a default decree signed by the court?
If no response to your annulment petition is filed, you (petitioner) may be able to get your marriage annulled by default. You may request a default hearing if the other person has not filed a written response within 60 calendar days of you serving the filed petition to your spouse (respondent). A default hearing is scheduled when you want a divorce, other judgment, or order when the opposing side does not respond in writing to your petition or motion. If you want to set a default hearing, you must complete the application and affidavit of default and file it with the court. You must be sure service of the petition was complete and that the other person did not file a written response or answer with the court. At the time you file the application and affidavit of default with the clerk of the court, make sure you have 2 copies of the application and affidavit of default date-stamped by the clerk. You must mail or hand-deliver one copy to the other person the day that you filed the application and affidavit of default with the clerk of the court. After you have given the other person a copy of the application and affidavit of default you must wait 10 court days. If the other person still does not file a written response or answer in 10 court days, you may be able request a default hearing date.
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How can I get a consent decree signed by the court for my annulment?
The court enters a consent decree when all persons have agreed on how to resolve everything required for a divorce, legal separation or annulment. You must agree in writing to issues such as division of property and debt, spousal maintenance (if any), legal decision-making, parenting time, and support (if you have children). All persons must sign the written decree. In Maricopa County, after you have waited the required time frames, paid the response fee, and attended the Parenting Information Program (if you have children) you can submit a consent decree by mail or set a hearing on the Internet.
Resources:
In Maricopa County – Call 602-372-3332 to schedule a time to come to court and have your paperwork signed during a hearing.