In certain circumstances, an annulment can be an alternative to divorce for people looking to end their marriage. Annulment differs from divorce in that, it offers couples a “clean slate” since, from a legal standpoint, it’s as if the marriage never took place. This can be a preferred option for some couples, whether it be for religious or personal reasons. Some of the benefits of an annulment could include less complications with respect to property division and child custody, and no right to spousal support by the other party.
Under Arizona law, however, an annulment can only be granted in limited situations where the grounds alleged are sufficient to declare the marriage null and void. In other words, if one spouse committed fraud, or the marriage was entered into under duress, it’s possible an annulment could be granted. In one Arizona case, an annulment was granted where wife was deeply religious and the marriage ceremony was conducted by a pastor of her church, and she believed her husband to be of the same religious beliefs, which she later found out to be false. In another case, however, an annulment was denied where wife claimed to be capable of and willing to care for husband’s mentally handicapped son, which later turned out to be untrue.
If you have questions about annulment or any other family law issues, contact our office at 623-536-5500. Thank you.