Annulment vs. Divorce (Part 1)

Both divorce and annulments are valid ways to dissolve a marriage, but there are many differences between the two. In this post, family law attorneys at The Sampair Group inform clients on the basics of annulment and the process to receiving one.

The definition of annulment is stated as an agreement that nullifies a marriage and disavows its existence, returning both parties to their prior single status as if they were never married. This agreement cannot be reached through mutual discussion, as the court must legally grant an annulment.

In order to validate the need for annulment, one of the parties in the marriage must show that there was an obstruction to the validity of the marriage at the time it was made official. Annulments usually take place after a few weeks or months of marriage, but can happen after longer periods of time.

In Arizona, there are several circumstances which would allow for an annulment and make a marriage invalid:

Void Marriage
A void marriage is considered invalid from its beginning. The reasons for a void marriage could be:
– There is blood relation between spouses
– The marriage is between two people of the same sex

Voidable Marriage
A voidable marriage remains valid until one spouse chooses to legally annul the marriage. In order for the annulment to be established, the court must confirm that at least one of the following factors applied to the marriage that would make it invalid:
– A prior marriage was still in effect
– One spouse was underage
– Fraud and/or misrepresentation of religion
– Inability to consummate the marriage
– No valid license for the marriage exists
– One spouse was coerced or threatened into the agreement
– One spouse has concealed a criminal past or communicable disease
– Lack of mental or physical capacity
– Other grounds that are found by the court to be valid reasons for annulment

To begin this process, contact an experienced Phoenix divorce lawyer at The Sampair Group to get assistance in obtaining a petition and determining the legal ground for your desired annulment.

Legal vs. Religious Annulment
After an annulment is granted, the couple can then request a religious annulment if needed. This will allow for one or both people to remarry within a church or anyone else, and have this second union recognized by the church. The grounds for religious annulments differ from civil annulment guidelines, and are different within each church.

If you are seeking a divorce or annulment and need legal advice, the experienced divorce attorneys at The Sampair Group can represent you. Schedule a free initial consultation with a divorce lawyer in Phoenix today.