Annulment Attorneys in Phoenix, AZ

Void Marriages

A "void" marriage is one that is prohibited by law and is invalid from the moment it occurs, regardless of whether a court declares it so. However, a court order is often necessary to establish this officially for legal records.

Common grounds include:

• Bigamy. The court treats a marriage as void if one spouse remained legally married to another living person at the time the new wedding took place.
• Incest. Arizona law prohibits marriage between close blood relatives, such as parents and children, siblings, or first cousins, and recognizes these unions as invalid.

Voidable Marriages

A "voidable" marriage is one that is technically valid until a court declares it invalid. These cases usually involve a lack of capacity or intent at the time of the marriage.

Common grounds include:

• Fraud. You can pursue an annulment on these grounds when you can demonstrate that the person you married intentionally misrepresented facts essential to the marriage, such as the desire to have children or religious beliefs, specifically to induce you to marry.
• Duress or coercion. In these cases, we must demonstrate that you entered the marriage only because you faced force, threats, or severe pressure against their will.
• Lack of mental capacity. When seeking an annulment on these grounds, we must provide evidence that one spouse lacked the mental ability to understand the nature of the marriage contract due to mental illness, intoxication, or the influence of drugs during the ceremony.
• Inability to consummate. Under these grounds, the court requires proof that one spouse lacks the physical ability to engage in sexual intercourse and that the other spouse possessed no knowledge of this condition before the marriage.
• Underage marriage. An annulment may be approved if one party was under the legal age of consent (18) and did not secure the necessary permission from a parent or the court. An age difference limitation also applies: If one party in a marriage is a minor, the other party cannot be more than three years older.

The Statute of Limitations for Requesting an Annulment in Arizona

Arizona does not enforce a strict statute of limitations for filing an annulment petition. However, for voidable marriages, acting quickly helps protect your legal standing. If you continue to cohabit with your spouse after discovering fraud or after coercion ceases, a judge may determine that you “ratified” the marriage, which significantly weakens the claim for an annulment.

Evidence & Burden of Proof in Annulment Petitions

The petitioner carries the burden of proving that grounds for annulment exist. Our attorneys at BDB Law can work with you to gather clear and convincing evidence to support your claims.

Depending on the circumstances, the evidence in support of an annulment may include:

• Medical records that establish mental incapacity or physical impotency
• Prior marriage certificates that confirm an existing marriage to another person
• Witness testimony that corroborates claims of coercion, intoxication, or fraud

If you are unsure whether your marriage qualifies for annulment, we invite you to call (602) 878-3133 or contact us online to schedule a consultation with one of our experienced lawyers. We can answer your questions and provide personalized guidance.