Chandler, Arizona Annulment Lawyers Helping Clients Dissolve Their Marriages
Annulments can occur when the marriage between a couple was never legally valid to begin with, in such cases as a fraudulent marriage, incest, bigamy, or if one of the parties was acting under the influence of drugs or while intoxicated. If you are going through an annulment, you could face legal proceedings that can be a burden on you and your family members. This can be a trying time for both spouses. The court may require lengthy documentation and possibly even an appearance before the Arizona Supreme Court. The annulment can also have a significant effect on any children involved, as they will be considered illegitimate and will now face the separation of their parents. With all of these tricky complications, you won’t want to handle your annulment without talented family law attorneys to help. This is where The Sampair Group steps in. We can help give you the peace of mind that your case will be handled with the utmost care and skill, finding the right resolution for you. Call today to schedule a free initial consultation and discuss the details of your possible annulment case with our experienced legal team at 623-777-3909.
What Exactly is an Annulment in the State of Arizona?
Many people are not sure what an annulment is and how it differs from a divorce. While divorce is the process of ending a valid marriage, an annulment declares a marriage void from the very beginning. It is as if the marriage never existed and results from a variety of scenarios, including the marriage of blood relations or a marriage transacted under intoxication. It results in the children born into the invalid marriage being declared illegitimate and, like a divorce, will affect the children’s lives permanently. Under a legal annulment, it is as if they were born to unwed parents. The question of paternity then is answered in the same way as it is for an unmarried couple. It can be assumed that the man is the father if any of the following are true:
- The man is proved to be the father through genetic testing
- Both parents signed the birth certificate
- A notarized statement of paternity is signed by both parents
Under Arizona law, if any of the above conditions are met, then paternity is established unless the presumed father can prove that the children are not his.
The division of the estate works differently in annulments than with divorce as well because the marriage is declared nonexistent. This means there is no communal property to divide.
Annulments may be thrown out by the court because they are not favored in the state of Arizona. Because of this, as well as the other complications that can come up during an annulment case, you will want to have an experienced family law attorney on your side in order to help guide you through the process. You need someone to support you in your marriage annulment while you are already dealing with the emotional stress of dealing with a void marriage. At The Sampair Group, we have the experience necessary to give you the results you deserve, along with the peace of mind that your attorney-client relationship will be handled with the greatest care.
What Circumstances Must be Met for a Legal Marriage Under Arizona Law?
The following are stipulations that are required in Arizona for a couple to be legally married:
- Both individuals must be age 18 or older
- Each spouse must not be under the influence of drugs or inebriated
- There must be no blood relation between the parties
- An official marriage license must be obtained within the prescribed time limit
Some other situations occur that could lead to a voidable marriage. These issues within marital relationships that are illegal in Arizona include:
- A fraudulent marriage where one or more parties concealed their prior marital status
- When one or both parties lacked the physical capacity to marry
- If the marriage was never consummated
- If one of the parties misrepresented his or her religion
- Bigamy within the marriage
- Insanity, including temporary insanity
Every situation is unique, and many different factors can go into the nullification of the marriage ceremony. If you believe that you need to obtain an annulment, the best place to start is by talking to an annulment lawyer who can help you decide if it is the right course for you and what legal rights you have. With legal representation, you can get the most beneficial results possible from your case, so give us a call today to discuss the details with our talented legal team.
What Happens During the Annulment Process?
The most important way to start the annulment process is to consult with trusted lawyers who can guide you through this complicated legal matter. They can help you figure out if you are, in fact, needing an annulment or if a divorce is the better path for your legal separation. Another decision to be made is whether you should be getting a religious annulment, which ends the marriage within a church but does not legally dissolve the marriage. In this case, you would talk to your religious leader rather than an attorney.
Should you decide that you have grounds for annulment and want to pursue legal proceedings, you and your attorney will work together to file a petition with the Superior Court clerk. They will then require paperwork to be submitted at your local courthouse, including additional documents to verify the invalidity of the marriage. You and your spouse will likely need to appear in front of the court as well. These proceedings can be frightening and even costly. But with helpful family law lawyers on your side who know how the system works, you can rest assured that your annulment proceedings will result in the right way for you.
How Can Our Annulment Lawyers Help You?
When facing the prospect of an annulment, you are probably already dealing with the discouragement and stress of a failing marriage. These marriages end for many reasons, including decreased mental capacity, an incestuous marriage, blood relation, or if one spouse concealed a prior marriage, communicable disease, or a criminal past. Any of these situations may result in grounds for an annulment, giving you a reasonable need to get out of the marriage. But with the complications that can arise from needing to divide property, as well as how to handle any child custody issues, you’ll want our highly capable legal team working on your case. Call us today to schedule a consultation where we can help you determine if getting an annulment is right for you. Our helpful staff is waiting to hear from you at 623-777-3909.