Annulment Attorneys Fighting for You in Phoenix
The legal process of ending a marriage can be emotionally trying as well as legally complicated. Spouses may desire an annulment for a variety of reasons, including fraud, incest, bigamy, marriage under intoxication, and so on. Annulments, like any legal proceeding, can incur significant financial burdens for the family members involved. You may be required to provide documentation proving a void marriage, as well as appear before the Arizona Superior Court. If children are involved, there will also be the question of how the annulment will affect them and who will care for and raise them moving forward. When facing the possibility of an annulment, you don’t have to deal with the legal status of your marriage on your own. Have trusted family attorneys on your side and get the peace of mind that your case will be handled with care and efficiency to resolve the matter quickly and in your best interest. Contact our attorneys of family law in Phoenix today for a free initial consultation at 623-777-3909 and let us assist you with the dissolution of your marriage.
What Does it Mean to Get an Annulment?
Getting an annulment differs from getting a divorce in several ways. The defining aspect of an annulment is that it declares a marriage void from the beginning rather than legally ending a valid marriage. In an annulment, the marriage never existed, and the marriage contract is declared invalid. It’s important to understand how an annulment affects the children in a family also. Like a divorce, this can impact your children’s lives permanently. In an annulment, the children are considered to be born illegitimate, as if the marriage never happened at all and they were born to two single parents. Paternity may still be assumed after an annulment if any of the following options are met:
- Genetic testing confirms the paternity of the man in the relationship
- Both the mother and the father signed the birth certificate, as in the case of unmarried couples
- Both parents sign a notarized statement of paternity
In most cases in the state of Arizona, paternity is assumed during an annulment, and if the presumed father wishes to dispute paternity, he must prove that he is not the father. Furthermore, the court will not be responsible for dividing the estate or property of the couple because, as the marriage is considered to have never occurred, there is really no marital estate to be divided up at all.
In the state of Arizona, annulments are not favored and run the risk of being thrown out. So, if you are hoping to prove your marriage invalid and obtain an annulment, you should have legal representation to help you through this process. This can relieve stress during this already difficult time, knowing someone is on your side and helping handle the technical aspects of the legal annulment. Our law firm knows how to help clients get the optimal result from their nullified marriages, and we are ready to discuss your situation with you today.
What are the Requirements for a Legal Marriage in Arizona?
Arizona stipulates several requirements in order for a marriage to be considered legal, and if these are not all met, then an annulment may be necessary. For example, some of these are:
- Both parties must be age 18 or older
- Both spouses must be of sound mind and not intoxicated or under the influence of drugs
- The two parties must be unrelated by law
- The marriage license must be applied for within a timely manner
There are many reasons why a marriage could be annulled in addition to the above list. A couple will not be considered married if the other spouse lied about his or her prior marital status, if one or both parties lacked the physical ability to marry, if one or both spouses lacked the intent to marry, or if one spouse lied about his or her religion. Inability to consummate the marriage without disclosing this fact to a spouse, as well as bigamy or temporary insanity, may also be reasons a marriage can be declared a voidable marriage.
Your situation is unique and could fit into one of the above categories or may be an exception depending on the details of your marriage. Find out whether an annulment or a divorce is appropriate for you by contacting our law firm right away.
How Does the Annulment Process Work?
It can be tricky to determine whether you need a divorce or an annulment, so the first step is always to contact a trusted legal representative to find out which direction your case will go. The two legal processes are similar, but they do involve some differences. You may also need to consider whether you will seek a legal annulment or a religious annulment, the prior being effective by law and the latter being religious only but not legal. In an annulment based on religion, you may need to counsel with your religious leader.
Getting an annulment occurs in Arizona’s superior courts and begins by obtaining a petition for annulment form from the Superior Court clerk. You will then need to file paperwork at your local courthouse. Additional documents may be required, and both spouses may have to appear in court during the annulment. Annulments can be costly and have significant consequences for the family, especially if a child or children are involved. Use a trusted annulment lawyer like those at The Sampair Group to begin the process, and you will know that your case will get the attention it deserves, leading to the most beneficial results possible.
Should You Hire Family Law Lawyers to Get an Annulment in Arizona?
If you are considering having a marriage annulled, you may already be facing hardships with your spouse because of their mental capacity, criminal past, an incestuous marriage, communicable disease, fraud, debts, or any number of other grounds for annulment. Especially if children are involved, this is a difficult time for any husband or wife. Appearing in court can also be a stressful time, not to mention doing all of the paperwork and documentation required during an annulment. Our annulment attorneys want to help you with your annulment proceedings and can get you the most beneficial results possible. Let us help you to determine if you have grounds for annulment. Reach out to The Sampair Group’s annulment attorney’s office located in Phoenix by calling 623-777-3909.