Unless you’re an attorney who’s well-versed in your state’s statutes and case law, the legal matters of annulment and divorce can be complicated to say the least. The professional and compassionate attorneys at Dorris Law Group stand ready to answer any questions you have with regard to annulment. Contact us today to schedule your no-cost, no-obligation consultation. In our prior article, we reviewed three common questions our client’s ask about annulment matters, and today we’ll take a look at a few of the common reasons annulments are granted by Arizona courts. Read on to learn more!
Fraud and/or Misrepresentation
A common reason for annulment petitions, fraud and misrepresentation can come in many forms. While it’s a scary thought, situations have occurred in which one person committed fraudulent acts to get his or her partner to commit to the marriage. Likewise, someone may misrepresent his or her financial standing or religious beliefs to induce a marriage agreement. In either case, this is a common reason for one partner to petition the courts for an annulment.
In many cases, partners wishing to get married may have been married to another individual previously. If he or she did not have the first marriage properly annulled or go through the divorce process, a second subsequent marriage is not legally recognized. If you have questions or need legal advice on whether or not your first marriage was dissolved properly, contact John Dorris Law Group today!
Mental and/or Physical Incapacity
Unfortunately, there are times when one or both spouses are intoxicated from drugs or alcohol when they decide to get married. There are also situations in which mentally-ill individuals pursue marriages that they believe are in their best interest. For either situation, if one party to the marital contract was not mentally or physically fit or capable to enter into a marriage contract, this can be grounds for annulment.
For some clients, it is a surprise to learn that failure, refusal, or inability to consummate a marriage is a legally-recognized reason for annulling a marriage. However, regardless of intent, this is certainly a valid reason for annulment that many clients pursue, especially those who wish to have children in the future with their partner. When the marriage is unconsummated for any reason, annulment may be an option.
Incestuous Marriage or Underage Spouse
The state of Arizona prohibits marriage between parents and children, aunts and uncles, nieces and nephews, brothers and sisters, and first cousins. Additionally, the state does not recognize marriages in which one or both of the partners are under 18 (or 16, with parental consent). While sometimes considered taboo, these marriages do happen, and they are eligible for annulment by the Arizona courts.
Prior to 2014, Arizona did not condone same sex marriages. In October 2014, there was landmark litigation related to the matter that changed the state’s standing on the matter. Because of the complex litigation involved in the matter, of you’re seeking annulment for a same-sex marriage, it’s best to contact a family law attorney, like Dorris Law Group, who is well-versed in Arizona case law.
These are just a few of the reasons a marriage in the state of Arizona may be eligible for annulment. If you’re in the Tucson area and have questions about whether your unique situation qualifies for annulment, contact our professional and compassionate team today for your consultation and knowledgeable legal advice.
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