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Family Law Research Guide: Annulment

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Annulment

In order to get an annulment in Arizona, there must have been something called an impediment that renders the marriage void. A.R.S. § 25-301. “Void” as used in this statute includes “voidable” and grounds for annulment are not limited to those specified by A.R.S. § 25-101.

A void marriage is defined by A.R.S. § 25-101 as a marriage "between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the one-half as well as the whole blood, and between uncles and nieces, aunts and nephews and between first cousins" or "between persons of the same sex." A void marriage is a nullity. Though it has no legal validity an annulment action is necessary to establish its invalidity as a matter of record.

A voidable marriage continues until a party exercises his or her right to have it annulled. Some examples of situations that may qualify as “voidable” are an undissolved prior marriage, one party being underage, a blood relationship, the absence of mental or physical capacity, intoxication, the absence of a valid license, duress, refusal of intercourse, fraud and misrepresentation as to religion.

The jurisdictional requirements and procedure for obtaining an annulment are the same as for a divorce. A.R.S. § 25-302(A). See the Divorce page for more information. The court will divide the property of the parties and determine matters concerning the children of the marriage. A.R.S. § 25-302(B).

It should be noted that legal annulments are not the same as religious annulments.

 

Last revised:  20 October 2008

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