ANNULMENT VOIDS A MARRIAGE
Annulment is a legal action to declare a marriage legally defective. Unlike divorce, an annulled marriage is legally voided rather than just dissolved or ended.
FAST FACTS ABOUT ANNULMENT
Arizona law authorizes family courts to “adjudge a marriage to be null and void when the cause alleged constitutes an impediment rendering the marriage void.” Basically this means when a marriage should have been unlawful, a judge can void the marriage rather than merely divorce the parties. Two of the most common grounds for annulment are defective consent and material misrepresentation.
Parties who marry must be able and willing to consent to marriage. This means they must be of legal age and have the mental capacity to legally consent. The consent must be given free of undue influence, duress, or coercion. An example is intoxication. If a party is intoxicated, he or she may be unable to legally consent to marriage.
If one party relies on certain material information when deciding to marry, misrepresentation of this information may legally invalidate the marriage. In some states this may include misrepresentation of desire to have children, ability to have children, physical health, criminal history, and age, among others.