Scottsdale Annulment Attorneys Helping Individuals Dissolve Their Marriages
If you have discovered that you do not have a valid marriage and you wish to have it dissolved, you may be having a difficult enough time emotionally without having to deal with the technical and legal aspects of ending the marriage. The legal requirements for marriage in Arizona include a minimum age for both parties, and there must be no evidence of fraud, bigamy, or incest, nor can one of the parties be influenced by drugs or alcohol during the marriage ceremony. Like all legal processes, getting an annulment can be tricky. You may have to produce evidence that your marriage was not valid according to one of the items in the preceding list. You may also have to appear in the Arizona Superior Court as part of your annulment. Matters are even further complicated if children are involved in the marriage, as there may be questions about whether child support should be granted and who will have custody of the kids. You need legal advice from a trusted annulment attorney who knows how to get the results you need. The Sampair Group has experienced family law lawyers who can recognize when an annulment is appropriate and have the skill to get you through the legal process quickly, saving you time and money. We serve clients in Scottsdale and are ready to help you today, so call us at 623-777-3909.
What is the Difference Between Divorce and an Annulment?
Divorces and annulments both end a marriage legally, but they are used in different circumstances and have different results. Unlike divorce, which dissolves a legal marriage, annulments declare a marriage to have been invalid from the very beginning as if the marriage never existed. This affects how the dissolution of the marriage is carried out because if there was no marriage, many aspects of the family’s life are affected: there is no communal property, and children are now considered illegitimate. Like a divorce, ending the marriage through annulment can have a huge impact on your life moving forward as well as the lives of your children. In some cases, the fatherhood of the ex-husband is questioned since it is as if the children were born to two single parents. However, the husband will normally have presumed paternity, which can also be proven if the following facts are true:
- The man goes through genetic testing that proves paternity
- The birth certificate is signed by both parties
- The couple signs a notarized statement of paternity
In most annulment cases, the man is presumed to be the father of the children even following the dissolution of the marriage. The burden of proving he is not the father falls upon him.
Another important aspect of annulments to understand has to do with the division of property from the void marriage. Since legally no valid marriage has taken place, there is actually no communal property to be considered or divided by the courts. The marital estate does not exist, so unlike in a divorce, the court will not participate in dividing this property.
The state of Arizona does not favor annulments, and these types of cases often get thrown out by the courts. This is why it is so important for you to have an annulment lawyer on your side to help guide you through the dissolution of your marriage. Our law firm can get the results you need, so please reach out to us right away to start getting the legal representation you deserve.
What is a Legally Valid Marriage in Arizona?
Arizona has very strict laws about what constitutes a legal marriage, and these must all be met, or it may be considered void. Some of the stipulations in this state are:
- The two individuals must each meet the minimum age of 18
- There must be no influence of drugs or alcohol
- The two individuals may not be blood-related
- The marriage must not be obtained in a fraudulent manner
- They must obtain a marriage license within the prescribed time period
- Neither spouse may conceal important aspects from the other party, such as religion, prior marital status, etc.
- Both parties must have the intent to marry and not be entering marriage under coercion or duress
- Both spouses must have the ability to marry and consummate the marriage, and the marriage must be consummated within the prescribed period, or it may be considered void.
Further reasons the marriage may be declared void are in cases of bigamy or temporary insanity.
Since there are so many factors that come into play for a marriage ceremony to be valid, having attorneys who can give you sound legal advice is critical for your case. Don’t hesitate to reach out to us today for your free consultation.
What Happens During the Annulment Process in the State of Arizona?
Before you begin pursuing an annulment in Arizona, the first thing you must do is consult with a trusted legal representative to be sure that you, in fact, need an annulment and not a divorce or another form of legal separation. These processes of dissolving a marriage may seem similar, but they should be used in very different circumstances and may have a wide range of effects on your family, for good or for bad. Another option that may be better for you is to consider a religious annulment, where the marriage is considered void within your church but is still legally valid. For people who need a religious annulment, it is best to counsel with the leader of your religion rather than a legal team. If this is the right course for you, you may still discuss your case with us, and we can help you start this process or get any other legal advice you may be seeking.
The actual process of obtaining an annulment begins by getting a petition for annulment from the State Superior Court Clerk. Following the petition, paperwork and evidence will need to be provided to show that there was no valid marriage. You and your spouse may also be required to appear before the court. Because of the delicacy of this legal procedure, you should consider using experienced attorneys like those at The Sampair Group to get the right results for dissolving your marriage.
How can Annulment Lawyers Help You?
Annulments occur for many reasons, some of which may be troubling circumstances such as a spouse’s criminal past, lack of capacity for being married, communicable disease, fraud, debts, or if the couple is involved in an incestuous marriage. Going through the technical aspects of having a marriage annulled legally can be stressful enough, not to mention having to appear before court. The annulment lawyers at The Sampair Group are ready to help you get the process started and will help you as you deal with this daunting legal matter. We can help you know whether an annulment is right for you, and we’ll be there to help you file all the critical items, so your marriage is dissolved quickly and legally. Call us today for your free initial consultation at 623-777-3909.