Divorce & Annulment

questions & answers

Question: My husband of a year would like to divorce. I would prefer an annulment. I entered into the marriage with a then 3 year old. Him being the non biological parent should I file for an annulment without children?

Answer: Most people, even many lawyers, are confused about the difference between annulment and divorce.  They confuse the religious annulments sometimes granted by the Catholic church with a legal annulment.  Arizona Revised Statute, Section 25-301 states that a marriage can only be adjudged as null and void if there is an impediment that would have made the marriage void in the first place.  What the statute is telling us is this -- When a marriage is annulled, the court is stating that the marriage is null and void because it was never a legal marriage in the first place.  For example:  Jane marries her long lost brother.  It is illegal for brothers and sisters to marry, so the marriage can be annulled because it was never a legal marriage in the first place.  Another example is when Jane discovers her husband is still legally married to his first wife.  He has committed bigamy, so she can get an annulment.  Unless there was some legal reason your marriage was not valid at the time your married, you need to get a divorce.