In the fall of 2024, the Arizona Department of Child Safety (DCS) mailed letters to parents who once had an open dependency and/or severance case.
Did you receive a letter? Visit the DCS letter page for more information.
Annulment Information
What is an annulment?
An annulment is a court process to declare that the married couple was never legally married, because at the time of the marriage something was so wrong that no legal relationship could be established by marriage.
How do you get an annulment?
The process for getting an annulment is the same as getting divorced. The primary difference is that the petitioner (person who files for annulment) has to have grounds for requesting an annulment. A.R.S. § 25-302
What are the legal grounds to file for an annulment?
Under Arizona law, to be granted an annulment, you have to have a valid reason (grounds). The following are possible options when filing:
- Absence of mental or physical capacity
- No vaild marriage license
- Blood relationship
- Concealment of prior marital status or still married
- Duress
- Fraud
- Lack of contractual intent
- Refusal of intercourse
- Secret attempt not to follow an antenuptial agreement
- Underage
- Misrepresentation as to religion
- Proxy marriage
Annulment Process
1
Complete the annulment forms
Gather the necessary personal, financial, property, and insurance information, as detailed in the Form Criteria. Annulment forms may be available online or at your county Superior Court location.
2
Make copies of the completed annulment forms
You will need 2 copies of the following documents:
- Summons
- Preliminary Injunction
- Petition for Annulment without Minor Children
- Notice of Right to Convert Health Insurance
- Notice Regarding Creditor
3
Optional - Complete fee waiver and deferral forms
If you are unable to afford the filing fee for an annulment, you may request a fee waiver or deferral. Fee waiver and deferral forms are available on AZCourtHelp.
4
File your paperwork and pay the filing fee
Bring the original and copies of the completed forms to your county Superior Court location. The original forms are kept by the court and the copies are time stamped and returned to you.
When you file, you will also have to pay a filing fee or submit your paperwork for a fee waiver or deferral.
5
Complete the Response forms
After being served papers, the respondent (spouse who did not file paperwork) has an opportunity to file a Response to the Petition. The respondent has 20 days to file if they live in Arizona or 30 days to file if they do not live in Arizona.
Annulment Response forms may be available on AZCourtHelp or at your county Superior Court location.
You will need 2 copies of the Response.
6
Serve the Respondent
Serve the copies of the court forms on your spouse or their attorney. Service may be done through the Sheriff's Department, by a licensed process server, local constable, or by one of the other methods found in the Service packet.
7
File the Response forms
Bring the original and copies of the completed forms to your county Superior Court location. The original forms are kept by the court and the copies are time stamped and returned to you.
When you file, you will also have to pay a filing fee or submit you paperwork for a fee waiver or deferral. Refer to Step 3 for more information.
8
After a Response is filed, or not filed
If a Response is filed in time, the respondent is responsible for mailing or handing a copy of the Response to the Petitioner. Both spouses will also receive a notice of when to appear in court.
If a Response is not filed in time, the respondent is in default. When in default, the petitioner has to file an Application and Affidavit for Entry of Default to move the annulment forward.
9
Attend the court hearing or conciliation court meeting
The notice you received from the court will tell you what day and time to appear at the courthouse. The court may require an early resolution conference or alternative dispute resolution prior to a holding a hearing. If this meeting is missed, you may be charged a no-show fee.
For your hearing, be on time, dress appropriately, and be prepared to explain your situation to the judge and why you should be granted an annulment.