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Annulment Process

The first thing to do is to complete the court forms to file for annulment.

Note: Please look at the annulment criteria to see if you meet the requirements to file for annulment.

Once all forms are completed, the following steps need to occur:

  1. Make copies of the Summons, Preliminary Injunction, Petition for Annulment without Minor Children. Notice of Right to Convert Health Insurance, and Notice Regarding Creditors.  You will need 2 copies of each set of documents: 1 - clerk of the court, 1 - current spouse, 1 - you
    1. Do Not copy the Family Court Cover Sheet or Sensitive Data Sheet; these will be filed with the clerk of the court.
  2. File the original documents at the counter of the nearby Superior Courthouse.  Bring the additional copies, so that the clerk can stamp them as being "conformed."  When you file, you will also have to pay the current fees or file for Fee Deferral or Waiver.
    1. Make sure you get 2 sets of copies back - one for you and one to be served to the other spouse
  3. Serve the court papers information and other documents to the other spouse/attorney
    1. Papers may be delivered by the Sheriff's Department, by a licensed process server, local constable, or by one of the other methods found in the "Service" packet.
  4. Wait for the other spouse to submit their response with the Court.
    1. The other spouse has 20 days from the date of service to file a request for a hearing.
      1. If they are outside of Arizona, they have 30 days to respond.
    2. If a response if filed in time, you will receive a copy of the response and notice of when to appear in Court.
    3. If a response is not filed in time, you must notify the Court that the other spouse defaulted and that they should move forward with your request as is.
  5. Attend the court hearing.
    1. Be on time
    2. Dress neatly
    3. Find out if children are allowed in courtroom
    4. Be prepared to tell the judge why they should grant you an annulment

Maricopa County Superior Court offers annulment forms for download online. Please check with the Superior Court where you are filing to see if they are accepted at your location.