The Difference Between a Divorce and Annulment in Arizona

Are you separating from your spouse and wondering about the difference between annulment vs. divorce in Arizona? As experienced and knowledgeable divorce lawyers in Phoenix, AZ, Lincoln & Wenk, PLLC, can help you understand the differences and the right option for your circumstances. Our team of lawyers works tirelessly on your behalf.

What Is an Annulment?

An annulment provides a legal declaration that a marriage was never valid due to a pre-existing legal issue. While many religious organizations can declare an annulment, you still need a legal designation to dissolve the marriage in the eyes of the state.

Many people have misconceptions about annulments. Contrary to popular belief, they don’t:

• Invalidate the legal status of children conceived during the marriage
• Apply only to shorter marriages
• Only occur for religious reasons
• Provide immediate emotional healing
• Eliminate your need for a lawyer
• Save you money compared to a divorce

Qualifying for an Annulment in Arizona

One major difference between annulment and divorce concerns how easily you can qualify for one. In Arizona, you can file for a divorce if you’ve lived in the state with your spouse for at least 90 days. However, an annulment requires you to overcome some significant hurdles.

Resident Requirement

When considering annulment vs. divorce in Arizona, one thing they have in common is the residency requirement. However, an annulment doesn’t have a waiting period like a divorce.

To complete a divorce, you must have a legal separation for at least 60 days after you file. You’re not subject to this limitation when you apply for an annulment in Arizona.

Evidence To Void or Prohibit

The greatest difference between the divorce and annulment process concerns the evidence you must provide to complete the process. In general, you don’t need proof of misconduct during a divorce unless you’re undergoing divorce court proceedings to contest the separation of assets or custody issues. If both parties don’t agree they want the divorce, you only need to prove the marriage is irretrievably broken to have legal grounds for divorce.

In Arizona, you must have specific grounds for annulment. These foundations include the following:

• You had an incestuous marriage between children and parents, grandparents and grandchildren, siblings, or any relationship closer than second cousins.
• Your marriage involved a non-emancipated minor.
• The marriage occurred while one party still qualified as legally married.
• At the time of marriage, one spouse had a mental or developmental condition that rendered them incapable of truly consenting to the marriage.
• Both partners qualified as legally intoxicated during the marriage ceremony.
• One person never intended to enter into marriage or was tricked or coerced into doing so.
• Neither spouse applied for a valid marriage license.
• The marriage occurred for fraudulent reasons, such as to acquire a green card.
• One or both parties refuse to engage in marital acts.
• Either person held significantly different religious beliefs they didn’t reveal before the marriage.

To receive a marriage dissolution in the form of an annulment, you must provide sufficient evidence to the courts. If you can’t, you’ll have to undergo divorce proceedings instead.

Presumption of Paternity

When considering annulment vs. divorce in Arizona, consider how the public perceives your child’s paternity and potential legal ramifications. Arizona recognizes the paternity of children, regardless of the marital status of their parents. However, in certain instances, you may wish to provide increased certainty.

The state recognizes the following as proof of paternity:

• A signed affidavit
• A child born after 10 months of marriage or within 10 months after a marriage ends
• Both parents endorsed the child’s birth certificate
• The father and child share a 95% genetic probability

Benefits of Seeking an Annulment Rather Than Divorce

What are the benefits of procuring an annulment rather than a divorce?

No Asset Division

You don’t have to undergo the lengthy and complicated process of dividing assets when seeking an annulment. You must divide your investments during divorce because the law views anything you gain during the marriage as shared property. However, since an annulment means you never had a valid marriage, the courts don’t consider the assets as communal.

You’ll likely still need to distribute your money, home, and other valuable objects. The court won’t require you to take their input, but if you’re having trouble, you can still contact a lawyer for help and advocacy.

Shorter Completion Time

An annulment in Arizona doesn’t require a waiting time like a divorce. You also won’t navigate the difficult process of settling multiple issues. Even if you disagree on many things, you and your spouse can complete the process much more quickly than a divorce.

Avoid Religious Complications

If you’re part of a religion that doesn’t support divorce, an annulment can help you avoid religious fallout from your separation. For example, in the Catholic Church, you can’t marry if you’ve divorced. However, since an annulment recognizes the marriage never legally or sacramentally occurred, you won’t deal with these consequences.

No Spousal Support

After an annulment, the spouse who makes more money often won’t pay spousal support unless both parties deem it necessary. This can benefit both people and help you maintain a more amicable relationship because you won’t have to constantly discuss finances.

Improved Public Perception

In some areas or social circles, divorce still carries a negative connotation, even if it makes both spouses happy. When you can claim the marriage wasn’t valid, you avoid assumptions that you failed or can’t maintain a healthy relationship.

The Arizona Annulment Process

When considering an annulment vs. divorce in Arizona, you should know how the process differs from divorce. The primary differences include determining your eligibility and providing proof of your situation.

1. Determine Eligibility

The first step is determining whether your relationship qualifies for annulment. Did you fail to meet any of the above criteria? You should pursue a divorce instead.

2. Gather Documentation

While you’ll have to gather necessary documentation for divorce, such as a list of assets, proof you completed a parenting class, and any evidence of wrongdoing by your spouse, you won’t need the same evidence for an annulment. To help invalidate or void your marriage, you’ll need proof that you meet the eligibility requirements.

Depending on your situation, you’ll require documentation of the following situations and more:

• Fraud or coercion, such as witness testimony
• Bigamy or incest, usually from birth certificates
• Mental incapacitation or physical impotence, which often relies on medical records

3. File a Petition

Much like divorce, you must file for an annulment. This represents one area where the two processes don’t differ drastically.

Start by acquiring the forms from your local courthouse or finding them on your county’s website. Complete the forms with accurate and honest information about both spouses. Submit the paperwork through the clerk’s office or an online portal if your county offers one.

4. Serve Your Spouse

You must serve your spouse with the annulment papers. This often occurs through official channels like process servers or the sheriff’s office. If you’re applying for an annulment, your spouse likely expects the forms.

5. Attend Hearings

Another similarity you can expect when you consider annulment vs. divorce in Arizona includes the requirement you attend a court hearing. You may require more than one hearing if you can’t prove your eligibility for the annulment. The hearing can also help you resolve any outstanding disputes.

6. Receive Judgment

Once a judge determines you sufficiently proved your case for annulment, they’ll issue a final decree. This immediately makes your marriage null and void, though you may wait a few weeks for the official paperwork. Once the judge makes the official declaration, you’re officially single.

How a Family Lawyer Can Aid the Annulment Process

How can a family lawyer increase your chances of filing a successful annulment?

Gathering Evidence

One difficult part of an annulment includes proving your eligibility. An experienced family lawyer knows what the courts need to see and can gather all the evidence you need. They can do it more effectively and efficiently than you could on your own.

Attending the Hearing

A lawyer can usually attend the court hearing in your place. Even if you want to attend the court date yourself, you should bring your lawyer with you to help you answer questions and present evidence. While you don’t require a lawyer for the hearing, many people find it makes the experience easier.

Referring You to Professionals

An annulment can evoke as much emotional and mental turmoil as a divorce. Lawyers often maintain a network of connections with professionals in other industries to ease the process for clients. They may provide excellent referrals to therapists, accountants, and more.

Schedule a Family Law Consultation Today

Are you considering an annulment vs. divorce in Arizona? The experienced family lawyers at Lincoln & Wenk, PLLC, can help you prove eligibility and advocate on your behalf. Whether you’re trying to separate property in a divorce or need evidence your spouse hid assets, we work tirelessly on your behalf.

Schedule a free consultation by calling 623-294-2464.