Understanding Marriage Annulment in Arizona

In Arizona, a marriage annulment is a process in which the state declares a marriage void. The state annuls marriages that were not legally recognized. For instance, the state will annul a marriage if one of the parties was a minor at the time of the marriage event.

Marriage annulment is not the same as divorce in Arizona. Divorce is a form of marriage dissolution that only applies to legally recognized unions. Individuals may seek a divorce based on non-criminal reasons like irreconcilable differences or infidelity. However, couples may petition for annulment by citing criminal reasons like incest, bigamy, and underage sexual contact. The outcomes may also differ; marriage annulment officially restores your single status. This outcome differs from divorce, in which you are legally classified as a divorcee.

Grounds for Annulment in Arizona

In Arizona, marriage annulment may occur for the following reasons:

• The parties are related by blood.
• Lack of mental or physical capacity to get married.
• The parties failed to obtain an official marriage license.
• The couple used a proxy instead of getting married in person.
• A party used force to get the other to agree to marriage.
• The couple has not had sexual intercourse.
• One of the parties concealed their marital status or was still married as of the time of the marriage event.
• One of the parties misrepresented their religion.
• One of the parties was a minor at the time of the marriage event and did not have the consent of a parent or guardian.

Eligibility Requirements for an Annulment in Arizona

Under Arizona laws, you are generally eligible for annulment if the union was considered void under Arizona laws. For example, the law may consider a marriage void if:

• No marriage license was issued prior to the union.
• The union occurred after the marriage license expired.
• The union occurred between close family relations, like siblings or parents and children.
• The union occurred between persons of the same sex.
• An unauthorized officiating minister solemnized the marriage.

Note: Individuals seeking to annul their marriages may be required to fulfill additional requirements. For instance, one of the parties must be a resident before filing for annulment. Military personnel must have lived in the state for 90 days to file for annulment.

How to Get a Marriage Annulled in Arizona

Under A.R.S. § 25-302, the process for getting a marriage annulment is the same as that of a divorce procedure. You may get a marriage annulment by following these steps:

1. Determine if you have the legal grounds to file for marriage annulment: Arizona allows marriage annulment for reasons like bigamy, incest, or underage couples. You may contact the local superior court clerk to determine if you meet the legal requirements.
2. Locate the necessary forms for filing for annulment: Residents can file for marriage annulment by filling out specific forms. The forms may vary by county superior clerk’s office. For instance, the Maricopa County Superior Court Clerk’s Office requires the following form for marriage annulment:
   • Family Department/Sensitive Data Sheet.
   • Summons
   • Preliminary Injunction.
   • Petition for Annulment for a Non-Covenant Marriage (without minor children).
   • Notice Regarding Creditors.
   • Notice of Right to Convert Health Insurance.

3. Choose a preferred form of submitting the forms: Some superior court clerks allow e-filing for marriage annulment. This function is available on most court clerks’ websites.
   There are also options for filing the forms offline by visiting the physical location of the courthouse. Case in point: you may file required forms at the Maricopa Superior Court clerk’s office at the following locations:
   
   Clerk of Superior Court
   Central Court Building
   201 West Jefferson
   1st floor
   Phoenix, Arizona 85003

   Clerk of Superior Court
   Southeast Court Complex
   222 East Javelina Avenue
   1st floor
   Mesa, Arizona 85210.

   Clerk of Superior Court
   Northeast Court Complex
   18380 North 40th Street
   Phoenix, Arizona 85032

   Clerk of Superior Court
   Northwest Court Complex
   14264 West Tierra Buena Lane
   Surprise, Arizona 85374.

4. Submit the form: You may create copies of the completed forms and submit them to the court clerk’s office. Upon receiving the forms, the court clerk will keep the original copy and return a time-stamped copy to the petitioner.
5. Pay the necessary fees: These fees may vary depending on the superior court clerk’s office. For example, it costs $376 to file for marriage annulment at the Maricopa County Superior Court Clerk's office. However, it costs $301 to file for annulment in Pima County. The fees also differ based on whether the other party responds to the petition. In Maricopa County, you pay $287 for annulment if the other party responded to the petition.

   Note: Arizona residents may qualify for fee waivers or deferrals. The court clerk determines eligibility for waivers.

6. Serve a copy of the forms to the respondent: The respondent is the party who did not file for divorce. Petitioners may file the form in person or use third parties like the local sheriff's department or a licensed process server.

   Note: Respondents may send a response form to the court clerk’s office. Arizona law requires in-state respondents to file the response within 20 days of receiving the served papers. However, the timeframe is 30 days if the respondent lives outside Arizona.

7. The court sets a hearing date: Upon receiving the forms, the superior court may send a notice of hearing to the couple. The court will review the circumstances around the union and determine if the reasons for annulment are valid.

Required Forms and Documentation for an Arizona Annulment

Arizona residents are typically required to provide these forms when filing for annulment:

• Family Department/Sensitive Data Sheet.
• Summons
• Preliminary Injunction.
• Petition for Annulment for a non-covenant marriage (without minor children)
• Notice Regarding Creditors.
• Notice of Right to Convert Health Insurance.

Petitioners may also need to provide documents that provide evidence of specific claims, like proof of fraud or physical incapacity. The required forms may vary based on your unique circumstances. For example, petitioners may present marriage licenses when filing for annulment on the basis of bigamy.

Note: Most superior court clerk websites or offices offer resources via which you can find necessary forms and filing instructions. The state’s court help website also offers annulment forms.

Where to File for an Annulment in Arizona

In Arizona, the local superior court handles all marriage annulment-related cases. A local superior court will generally attend to such requests, provided the petitioner has lived in the state for at least 90 days. You do not need to be a resident of a county before filing for annulment at the county’s superior court.

Annulment Timelines and Waiting Periods in Arizona

There is no waiting period for filing for annulment in Arizona. In other words, you can file as soon as you discover the reasons for annulment. The court may proceed on an annulment case immediately after processing the necessary documentation. Divorce, on the other hand, requires a 60-day waiting period. The waiting period allows couples to consider reconciliation instead of getting a divorce.

Costs and Court Fees for an Annulment in Arizona

Individuals filing for annulment in Arizona may incur specific fees, including filing fees, court fees, and attorney fees. However, there is no general structure for these fees, as they may vary based on the local superior court handling the case. For example, the Pima County Superior Court charges $301 as a filing fee, while petitioners may pay $387 to file for annulment in Maricopa County.

After the Annulment: What Happens Next?

Arizona considers an annulled marriage as one that never existed. Annulment restores concerned parties to their single status and may seal all records of the marriage event. Nevertheless, the annulment case record remains visible to the public. After an annulment, concerned parties may not receive spousal support or property rights since the marriage was considered void. Nevertheless, the court may order spousal or child support if the union resulted in children.