Annulment

Annulment is only permitted if certain requirements are met. An annulment is different than a divorce because an annulment has the legal effect of voiding the marriage. In other words, it is as if the marriage never occurred.

In Arizona, the parties cannot just agree to annul their marriage. To establish grounds for an annulment, one of the parties must demonstrate to the court that an impediment to the marriage's validity existed at the time of the marriage. Such impediments may include: an undissolved prior marriage, underage, blood relationship, absence of mental capacity, absence of physical capacity, intoxication, lack of contractual intent, absence of a valid license, duress, fraud, or concealment of prior marital status.

For example, if spouse "A" misrepresented his or her age to spouse "B" or if spouse "A" was actually already married, spouse "B" would have grounds to seek an annulment. Basically, Spouse "A" has to misrepresent a material fact to spouse "B" such that had the real facts been known to spouse "B" prior to marriage, spouse "B" would not have agreed to be married. A court-awarded annulment is something separate from one that a religious institution might also grant the parties.