Both an annulment and a divorce can mean the end of a marriage, but that’s where the similarities stop. Divorces acknowledge a marriage legally existed and serve as its legal dissolution. An annulment says the marriage never legally existed in the first place, either because it was illegal or based on fraud. Like other states, Arizona has strict parameters when it comes to getting an annulment.
What Counts as Grounds for an Annulment
There are a number of possible situations when you can ask an Arizona court to annul your marriage:
- One of the parties was married to someone else (bigamy).
- The parties are related by blood.
- One of the parties was a minor at the time of the marriage, and did not obtain the consent of a parent or guardian.
- One or both of the parties lacked the mental capacity to get married.
- One of both of the parties lacked the physical capacity to get married.
- One or both of the parties were intoxicated at the time they married.
- One or both of the parties lacked the intent to enter into a marriage contract.
- The parties failed to obtain a proper, official marriage license.
- The parties used a proxy (substitute) instead of marrying each other in person.
- One of the parties perpetrated a fraud to get the other party to consent to the marriage.
- One party used force (legally known as “duress”) to get the other party to agree to marriage.
- The parties have not had sexual relations, or one party refused to have intercourse.
- One of the parties misrepresented his or her religion.
- One of the parties concealed his or her prior marital status.
- One of the parties secretly planned to evade a premarital agreement
Fraud is another reason annulments may be granted, although it only applies to specific types of fraud.
What Doesn’t Count
Fraud is such a broad category, and many cases of deception are not valid grounds for annulments. These can include ending up with a spouse that lied about his or her wealth, status or other personal traits. Lies about moral viewpoints or sexual history aren’t valid reasons, either.
If you find your new husband or wife has undesirable habits or characteristics, the result may be an ill-suited marriage but not an annulment. Such characteristics can include problems with drugs or alcohol, issues with anger or laziness, or any other traits that may not have been obvious prior to the wedding.