An annulment is the legal recognition by an Arizona court that a marriage is void. In Arizona, an annulment is granted if the marriage was void from the beginning or, according to the Arizona Revised Statues, an impediment existed that caused the marriage to be void. For example, if you were already married at the time of your marriage or underage, these would be considered grounds for annulment in Arizona. To receive an annulment in Arizona, you follow the same procedure as filing for divorce.
Make sure that Arizona has jurisdiction over your annulment proceeding. For the state of Arizona to have jurisdiction, you or your spouse must have lived in Arizona for a minimum of 90 days prior to filing for annulment.
Obtain a Petition for Annulment of Marriage form from your local superior court. In some counties, the form is also available online from the court's website. If you are unsure about what court is your local superior court, contact the bar association in your town or city for additional information.
Complete the Petition for Annulment of Marriage form. This petition can be completed by either spouse. When completing the petition, supply the requested information about you and your purported spouse, including your full name and mailing address. Explain to the court why you are requesting an annulment and the legal grounds for the annulment in the section entitled, “Other Statements to the Court."
File the petition in the appropriate superior court. You should file the petition with the clerk of the superior court in the county where you or your spouse lives. At the time of filing, you will be required to pay a filing fee to the clerk. The fee can vary by county.
Serve the other party, referred to as the respondent, with a copy of the filed petition. Follow the guidelines provided to you by the court clerk or instructions included with the petition and other annulment forms provided by the courthouse. This ensures your purported spouse receives notice of the pending action.
Wait the required time allowed for your spouse to respond. The respondent has 20 days to file a response to the petition. For example, he may wish to file a response to challenge the assertion that the marriage is void. If he does not respond to the petition within 20 days, he loses his right to challenge the annulment request.
Review the letter from the court listing the date and time of your annulment hearing. The court will notify you of the scheduled hearing date and time by mail. If you do not receive a letter, or if the court did not schedule a hearing when you filed your petition for annulment, contact the court.
Attend the annulment hearing. At the hearing, the court will determine whether sufficient evidence exists to grant an annulment. The court will evaluate your testimony and evidence, and either grant or deny your request for an annulment. The court may schedule an additional hearing to determine the division of assets or custody of your children, if applicable.
Tips & Warnings
If you have additional questions about how to get an annulment in Arizona, contact a licensed Arizona family law attorney.
References & Resources
- The University of Arizona, James E. Rogers College of Law: Family Law Research Guide, Annulment
- The University of Arizona, James E. Rogers College of Law: Family Law Research Guide, Basic Divorce Information
- AZ Law Help: Divorce & Annulment
- Yavapai County Government: Yavapai County, Self-Service Center, Annulment - Packet# 5a
- Hemera Technologies/AbleStock.com/Getty Images