Annulment - Divorce Alternative - Voidable Marriage - Void Marriage
In certain instances, clients prefer an annulment to a divorce, if possible. An annulment is a court order declaring that the parties were never really married. The court will do its best to put both parties in the position they were in prior to their marriage ceremony.
Why Would I Want an Annulment?
Most people want an annulment for either religious or family reasons, or for asset protection reasons. Some religions and families do not condone divorce or severely frown upon it. If you are declared never married, you do not face the stigma that some families or religions may place on divorce.
There are typically few assets or debts that need to be divided. Courts will generally attempt to place the parties in the position they were in prior to the "marriage". This means each party should walk away with the assets they brought into the "marriage".
What Qualifies for an Annulment?
There are several reasons you can seek an annulment. The most common reasons are the following:
- Lack of capacity - including diminished mental capacity or bigamy
- Fraud or misrepresentation - including failing to disclose a criminal past or a communicable disease such as HIV, or failing to disclose other material and substantial facts that would impact your decision to marry
- Marriage of short duration - including marriage while being on the influence of drugs or alcohol the night before or a spouse's inability to consummate the marriage
Contact Phoenix Arizona Annulment Attorney John R. Gaertner
We offer in-office consultation with divorce and annulment attorney John Gaertner. Contacting us today. We provide sound advice and professional assistance to help you resolve you family issues.
