Annulment is the legal process of declaring a marriage never existed. You can get an annulment in Arizona only a few conditions met. It is not an easy process and required many complications. You may also need to hire a lawyer to complete the procedure.
Grounds of requesting annulment in Arizona
Here are the number of grounds you must qualify for before filling annulment in Arizona. Have a look at them carefully. It’s very much important for you to learn about the grounds of annulment before proceeding.
• Any one of the spouses was already married at the time of their second marriage.
• Both of the partners have blood relations.
• If one of the parties was forced by anyone to get married
• One or both of the spouses are not mentally ready to get married.
• If any one or both of them don’t have the physical capacity to run a marriage.
• Anyone of the partner was drunk or intoxicated at the time of marriage.
• The parties don’t want to enter into a marriage contract.
• If you get married as a joke or prank.
• One of the parties secretly hides the premarital agreement. A premarital agreement is used in the division of debts and properties. This contract is between a couple who are about to marry.
• Both of them failed to obtain original marriage papers or licenses.
• If any one of the partners gets married by any fraud.
• Parties must not have children.
• If anyone of the spouse force another party to agrees on marriage by forcing them with death threats or any alternative method.
• One of the parties hides its religion to get married.
• The parties have no sexual relationship or any one of the spouses refused to have intercourse.
• If any one of the parties doesn’t reveal its actual marital status.
Effect of an Annulment in Arizona
The main problem that can affect annulment in Arizona is the paternity of children born in annulled marriage is illegitimate as this type of marriage has no validity. The law of Arizona tells that every child deserves support and education from their natural parents if born in lawful marriage. Thus all children in Arizona are given protection, support no matter their parents are divorced, married, or never married. The court’s law also decided that the children who were born outside of marriage have equal rights.
The certification paternity is created by Arizona if any of the following statements is true. This certificate confirms if the supposed father is the actual biological father or not. Have a look:
If both the parties were not separated in the period of pregnancy of the child for at least 10 months or a child born after 10 months of their divorce, legal separation, death, or annulment.
- A genetic test with at least 95 percent positive results.
- The birth certificate of the child is signed with its mother and father.
- An authentic statement by the parents of the child acknowledging paternity.
Most of these cases are resolved by the third point of the above-mentioned conditions. But if any father wants to disputes against the presumption of paternity then he has to prove that he’s not the father with convincing evidence.
The court of Arizona will also decide the custody of the child where you file your annulment.
Formalities of Filing annulment in Arizona
You and your spouse must have spent 90 days in Arizona before you file the annulment case.
Don’t buy the petition forms if you don’t meet this requirement.
The definition of annulment can be different in your religion you be aware.
If your marriage is a covenant marriage then you can’t annul your marriage.
Use a black ink pen you fill the petition forms.
Fill in all the required information correctly about you and your spouse.
You need to make at least two copies of annulment forms. Notice regarding creditors, Petition for an annulment in Arizona without minor children, a notice of right to convert your health insurance, summons, and preliminary injunction. Don’t make a copy of the form called Family department or sensitive data coversheet. It’s better to arrange them in two files. Keep the sets of original and copies of forms in different files.
The party who filed for the annulment of its marriage called the plaintiff is required to file a petition for the annulment while the other party needs to respond to the file. Both of the parties should follow all the necessary rules for the service of the process. Both of the spouses need to appear at the court and hear the testimony and issue the order because many matters need to be solved before proceeding in the presence of both the parties like property division or child custody.
The final decision is announced in Arizona’s superior trial courts where they declare a marriage null and annul it finally.