Gilbert Annulment Lawyer
Annulment is frequently related to other legal acts on marriage, such as divorce and legal separation. But, they are all entirely different. Annulment is the declaration of a void marriage—stating that the marriage known by everybody was not a marriage at all. Divorce is the permanent conclusion of a once existing and valid marriage. Legal separation is the court-approved split, a married couple intended for a reassessment of marriage. It aims to create a marital decision despite the trying times, which is to reconcile or separate for good eventually.
Call Dodge & Vega, PLC at (480) 559-8252 now to set up a consultation with law experts.
Grounds for Annulment Request in Gilbert
You can ask any Arizona court to annul your marriage if you are in the following situations:
- One of the parties is married to another.
- The parties are blood-related.
- One of the parties is minor and did not get the parents’ permission.
- One of the parties quietly planned to escape the marriage agreement.
- One or both of the parties do not have the mental capacity to get married.
- One or both of the parties do not have the physical capacity to get married.
- One of the parties concealed his or her true marital status.
- One or both of the parties are inebriated during the agreement of or at the time of marriage.
- One of the parties misrepresented his or her religion.
- Both parties have not had any sexual contact or relations; either of the two refused to have one.
- The parties were not able to obtain an official marriage license.
- The parties used a substitute or proxy to marry one another.
- One party used duress or force to get the consent of the other to marry.
How to Obtain a Court-approved Annulment
Arizona’s higher trial courts are assigned to hear any annulment actions. If you want to file for an annulment, you should arrange it at your local courthouse. Any judge from the Arizona superior court can approve an annulment and declare it as null and void. To carry out such action, the plaintiff or the party requesting an annulment must file a petition first, followed by the filing of the response of the defendant, the other party.
The court may request other documents that must be signed by both parties. They should also agree with and follow the rules for the service of process. Both parties will be invited to appear to the court and testify in a hearing. The court mainly relies on the law and the written submissions in making a concrete decision. Eventually, it will issue an order.
To acquire the affirmative decision of the court, you must get help from an annulment lawyer. Many other issues will be involved in the decision-making of the court, such as financial and custodial implications.
Consequences of Annulment in Gilbert
Applying for an annulment typically affects the establishment of paternity in the children of a couple. Technically, this means the children born of the marriage to be annulled will be considered illegitimate children of the father once the court has approved the annulment. The guardian rights of the father can only be claimed after being able to prove in court that he is the biological father of the child and that the marriage ceremony was valid. The child must be born at least ten months before the annulment order.
Marital property rights are also immensely affected. If you are not the legal owner of any property, the one whose name is registered as the owner will be able to sell or lease it even without your consent.
Spousal support, maintenance, or alimony will not be granted to you. The court will not provide financial support to you, as the former wife. Only child support may be given.
Succession rights will become invalid. Legally, you are no longer entitled to anything that your former partner owns upon his death, especially to his estate and monetary properties.
Contact an Annulment Attorney in Gilbert Now
Whether you have already decided or are still thinking about it, processing a petition for annulment is never easy on your own. Having a legal attorney by your side as you plan to file for an annulment provides you with an increased understanding of the matter and a better chance of getting the court’s approval.
Dodge & Vega, PLC can accommodate all of your inquiries and legal requests regarding annulment. Our Gilbert lawyers have extensive knowledge of the topic and are in the industry for a long time already. Their expertise, combined with their experiences, will help you decide and process everything in an annulment case.
Book a free consultation at Dodge & Vega, PLC now or contact (480) 559-8252 for more information.