How To Get An Annulment Archives - High Desert Family Law Group https://highdesertfamilylawgroup.com/tag/how-to-get-an-annulment/ Mon, 21 Jul 2025 20:01:18 +0000 en-US hourly 1 https://wordpress.org/?v=7.0 https://highdesertfamilylawgroup.com/wp-content/uploads/2021/03/cropped-high-desert-favicon-32x32.png How To Get An Annulment Archives - High Desert Family Law Group https://highdesertfamilylawgroup.com/tag/how-to-get-an-annulment/ 32 32 When Is An Annulment Not A Good Idea https://highdesertfamilylawgroup.com/when-is-an-annulment-not-a-good-idea/ Mon, 21 Jul 2025 19:57:35 +0000 https://highdesertfamilylawgroup.com/?p=12844 An annulment is not a good idea when the legal or emotional reasons for it don’t align with the strict criteria required, or when it may create complications worse than a divorce. Here’s when seeking an annulment might not be the right path: 🚫 When an Annulment Is NOT a Good Idea 1. ⚖️ You…

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An annulment is not a good idea when the legal or emotional reasons for it don’t align with the strict criteria required, or when it may create complications worse than a divorce. Here’s when seeking an annulment might not be the right path:

🚫 When an Annulment Is NOT a Good Idea

1. ⚖ You Don’t Meet Legal Grounds

Each state has strict, limited reasons for granting an annulment. If none apply, your request will be denied, wasting time and legal fees.

Valid reasons often include:

  • Fraud or misrepresentation

  • Bigamy

  • Incest

  • Underage marriage

  • Lack of consent (e.g., intoxication or mental incapacity)

  • Impotence not disclosed before marriage

If your situation doesn’t match, divorce is your only legal option.

2. ⏳ Too Much Time Has Passed

Annulments often have short time limits (e.g., within 1–2 years of marriage, depending on the reason). If your marriage has lasted longer, courts may deny it, pushing you toward divorce.

3. 👶 You Have Children Together

Annulment can raise complications:

  • It can affect how child legitimacy is documented (although legal protections exist today).

  • You’ll still have to resolve custody, child support, and parenting plans just like in a divorce.

  • It may be emotionally confusing for children when the marriage is declared void, not just ended.

4. 💰 You Need Spousal Support or Division of Property

In many states, annulments do not entitle you to alimony or property division like a divorce does. If you:

  • Need spousal support

  • Contributed financially in significant ways

  • Shared assets or debts

… then divorce is likely a better route to protect your interests.

5. 💔 You’re Seeking an Annulment for Emotional Closure Alone

Annulments are legal procedures, not moral judgments or validations. Seeking one to “erase” the marriage from memory may not provide the closure you hope for — especially if the court denies it or if there are lasting consequences (like shared children or financial entanglements).

6. 🔁 You Want to Remarry Quickly in a Religious Setting

If you’re seeking an annulment for religious rather than legal reasons (e.g., for a Catholic Church annulment), note that church annulments are separate from civil annulments. You may still need a legal divorce first, depending on your church and civil situation.

🧠 When Divorce Might Be the Better Option:

  • You have shared assets, debts, or kids

  • The marriage lasted more than a few months

  • You want enforceable support, protection orders, or division of property

  • You don’t meet the state’s annulment criteria

Here is a clear and concise comparison chart between annulment and divorce, outlining key differences across legal, emotional, and practical factors:

⚖ Annulment vs. Divorce Comparison Chart

Factor Annulment Divorce
Legal Effect Marriage is declared void or never valid Marriage is legally ended (but was valid)
Grounds Required Must meet specific legal criteria (fraud, bigamy, etc.) No-fault or fault-based reasons (e.g., irreconcilable differences, infidelity)
Time Limits Often must file within months to a few years Can file at any time, regardless of marriage length
Spousal Support (Alimony) Generally not available Can be awarded, based on income and circumstances
Property Division Usually no division, unless proven otherwise Community or marital property is divided fairly
Children Legally Affected? Children remain legitimate, but custody/support must be resolved Same as annulment – full custody, support rights apply
Emotional/Moral View “Marriage should never have existed” “Marriage existed and now ends”
Religion Compatibility May help with religious annulment (e.g., Catholic Church) Divorce may not be recognized by some religions
Court Process Often harder to prove; may be denied Common, standardized legal process in all states
Public Records Still recorded legally, but may avoid “divorce” label Publicly recorded like any civil court case

🧠 Summary: When to Choose Which

✅ Annulment is best when:

  • The marriage was never valid legally (e.g., fraud, bigamy, incapacity).

  • You want to erase the marriage from legal records as much as possible.

  • You meet your state’s strict criteria and deadlines.

✅ Divorce is best when:

  • You shared a life (property, finances, kids) and want fair legal closure.

  • You want the right to spousal support, division of assets, or debt protection.

  • You don’t meet the annulment criteria.

Here are the Arizona state eligibility rules for an annulment, based on current statutes (A.R.S. §§ 25‑301 and 25‑302) and legal interpretations:

⚖ Grounds for Annulment in Arizona

Your marriage must be declared either void (legally prohibited) or voidable (possibly valid, but subject to annulment if certain conditions existed at the time of marriage):

🔹 Void Marriages – invalid from the start:

🔹 Voidable Marriages – can be annulled if one of the following applied at the time of marriage:

📌 Additional Requirements

  • Residency: At least one spouse must have lived in Arizona for 90 consecutive days before filing .

  • Non‑covenant marriage: Annulments are only available for standard marriages, not covenant marriages (which have different requirements) .

  • Children: Even if you have children, annulment may still proceed, but you’ll need to settle child support, custody, and related issues separately .

📝 Important Details

  • Burden of proof: The petitioner must prove one of the above grounds existed at the time of marriage; evidence must meet the civil preponderance‑of‑evidence standard .

  • Timing: While many annulments are pursued early, there is no strict time limit—your marriage can still be annulled if qualifying grounds existed, even if you’ve been married for a while .

📊 Summary Chart

Requirement Details
Residency ≥ 90 days in Arizona
Type of Marriage Must be non-covenant
Valid Ground(s) Present One of the void/voidable reasons above must apply
Burden of Proof On petitioner; must demonstrate validity of ground(s)
Children Involved Child issues resolved separately even if annulled

Here are the official annulment forms and court resources for Arizona, especially focused on Maricopa County, but also relevant statewide:

📁 1. Statewide (Arizona Judicial Branch / AZCourtHelp.org)

🏛 2. Maricopa County Superior Court

🌵 3. Other Arizona Counties

✅ How to Proceed

  1. ➤ Download the appropriate packet:

    • If you have no children, non-covenant marriage, start with Maricopa County’s DRAA1 packet.

  2. ➤ Choose:

    • Petitioner-only (DRAA1) packet, or

    • Consent decree (DRAA7) if both agree fully.

  3. ➤ Finalize with Decree Packet (DRAA8):

    • For default or contested final judgment.

  4. ➤ Check county rules:

    • Some counties (e.g., Pinal) accept Maricopa forms; others might use their own.

  5. ➤ File via eFiling or in-person:

    • Maricopa supports eFiling; others likely accept hard copies.

🔗 Resource Links

Here’s what you need to know about annulment filing fees and how to contact the Maricopa County Clerk’s office:

💵 Filing Fees (Maricopa County – Superior Court)

Based on the Arizona state fee schedule plus local surcharges, here are the current costs:

Total estimate for a standard annulment filing (single petitioner): around $456–$476, depending on case specifics and add-on services.

📄 Deferral or Waiver of Fees

If you can’t afford the full fee upfront, Arizona offers options:

🏛 Where to File & Clerk Contact Info

Maricopa County Clerk of Superior Court – Family Division

Locations:

Office hours: Monday–Friday, 8 a.m.–5 p.m. (arrive at least two hours before closing) Superior Court of Maricopa County

Phone: (602) 372‑5375 Maricopa County Clerk of CourtMaricopa County Clerk of Court
– Ask about filing fee breakdown, payment methods (credit card, money order, business check), or fee waiver procedures.

🧾 Helpful Tips

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When Is An Annulment Not A Good Idea

Use our checklist if you are seeking an annulment in Arizona. Read on to learn more.

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Wait 90 Days

  • In Arizona you or your spouse are required to live in Arizona for a minimum of 90 days before filing for annulment

Obtain an Annulment Petition

  • Obtain a Petition for Annulment of Marriage form from your nearby superior court or on the courts website The bar association in your local town or city should be bale to help you locate your nearest superior court.

Annulment Without Children

Consent Decree Annulment

Complete the Annulment Petition

  • This petition can be completed by either party As soon as you complete the petition, supply all the requested information about you and your purported spouse, Explain to the court why you are petitioning an annulment and the legal reasoning for filing.

File the Annulment Petition

  • You will need to file the petition with the clerk of the superior court in the county in which either one of you resides There will also be a fee to be paid to the superior court clerk.
  • Follow the guidelines provided and ensure everything is filled out in the proper manner. This will ensure your spouse receives the notice correctly.

Wait for the Response

  • Twenty days is the time the respondent has to reply to the petition. If there is no response in 20 days, they other party forfeits their right to challenge the annulment/

Review the Courts Letter

  • Read the letter from the court with the listing the date/time of your hearing for an annulment. If you have not heard anything, you may contact the court to make sure everything is going to schedule.

Attend the Hearing

  • At the annulment hearing, the court decides if there is sufficient evidence to grant an annulment.  Having evaluated testimony and evidence, the court will make a decision to grant or dent an annulment.

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What Does A Prenup Achieve?

Continue reading to learn more about situations in which a prenuptial agreement may be thrown out.

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Discriminatory Provisions

Several provisions in a prenuptial agreement that a couple may have could be thrown out by a judge. Any divorce provisions must be reasonable and consistent with existing state laws. If a spouse’s infidelity is discovered, it may result in a spouse losing custody or visitation rights to a child or children.

Lack of Assets and Infidelity

In the event of infidelity, where one party is significantly wealthier than the other, the prenuptial agreement may stipulate that the other party receives only a portion of the other party’s wealth.

Under Duress Signing

If one party feels compelled to sign a prenuptial agreement, they can tell a judge about it during a divorce. However, if you have been coerced into signing something, you should contact a lawyer as soon as possible.

A Swindling Arrangement

If all assets and liabilities are not disclosed before the prenuptial agreement is signed, it may be void. This can also be the case if assets or debts have been misrepresented or exaggerated in some way.

State Law Violations

The prenuptial agreement must not be illegal under current state laws. Especially when it comes to property division, child visitation, or custody.

Legal Representation That Is Appropriate

If one of the parties does not have adequate legal representation, the prenuptial agreement may be thrown out by the judge. Each party must retain independent counsel who can fully explain the agreement and its terms and conditions to the person signing it. This can help prevent one of the parties to the agreement from making unreasonable demands. As a result, it is critical to have a lawyer review the document before agreeing to and signing it.

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Choosing Not To Sign A Prenup

Learn more about marriage requirements. Continue reading to find out more.

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Which legal documents are required to obtain a marriage?

A marriage license must be obtained and a fee paid to the county clerk. As long as you and your spouse meet the conditions, your marriage license should be accepted. Following that, you may begin the ceremony. The officiant must file your marriage certificate with the county’s proper recording agency. If they do not, your marriage is not declared illegitimate or null; it simply becomes more difficult to document.

Are blood tests a required part of the marriage process?

Many states have eliminated premarital physical examinations and blood tests, however some continue to do so. Blood tests for venereal diseases are mandatory, and some laboratories also screen for rubella, sickle-cell anemia, and tuberculosis. Although HIV/AIDS testing is not compulsory, the majority of states require that marriage license applicants be offered such tests or information on testing facilities.

 

Isn’t it feasible for me to marry anyone I please?

Both parties must be at least 18 years old to marry in the majority of states. Specific states permit minors over a certain age to marry with parental and/or court approval. To keep youngsters out of predatory marriages, many states usually prohibit minors from marrying adults three or four years their senior.

Individuals who are already married, even if they have a legal separation, are not permitted to marry again until they have obtained a formal divorce.

Mental capacity: Both parties must have the mental capacity to enter into a contract. Neither party has the mental capacity to consent to the marriage due to mental illness, drug or alcohol abuse, or other factors impairing judgment.

They cannot be blood relatives due to the fact that they are unrelated. They cannot always be second cousins. Numerous states permit first cousins to marry if they are over the age of 50 and no longer capable of reproducing.

Gender: Following the United States Supreme Court’s historic Obergefell v. Hodges decision in 2015, same-sex marriage became legal in all 50 states. Prior to that ruling, state law generally governed same-sex marriage.

 

What distinguishes a marriage license from a marriage certificate?

You must get a marriage license from the county clerk prior to marrying. A marriage certificate is a legally binding document certifying your marital status.

Most couples obtain a marriage license within a few days, perform their wedding ceremony, then have the officiant file the certificate with the proper county office. The newlyweds will receive a certified copy of the marriage certificate. In the majority of states, the marriage certificate must be signed by the parties, the officiant, and one or two witnesses. This is typically done in the immediate aftermath of the wedding.

Where can I obtain a marriage license?

Generally, you can obtain a marriage license at any county clerk’s office in the state in which you wish to marry. Certain states demand that you file an application with the county clerk’s office in the county where the marriage will take place. Most states charge a little fee and issue marriage licenses within a few days.

Your marriage license is typically valid for 30 days from the date of issuance. If this occurs, have no fear; you can apply for a new one. However, the majority of states mandate a waiting period between the date of your marriage license issuance and the day of your wedding. The goal of the waiting period is to allow both parties to reconsider their positions. The waiting period may be waived for good cause, such as one of the parties being deployed or arriving in town the day before the wedding. The following states have waiting periods:

There is a one-day waiting period in Delaware, Illinois, and South Carolina.

Maryland and New York require a two-day wait.

There is a three-day waiting period in Alaska, Florida, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, New Jersey, Oregon, Pennsylvania, Tennessee, and Washington.

Minnesota, Ohio, and Wisconsin all need a five-day delay.

How do I proceed if I’ve misplaced my marriage license?

The procedures for acquiring certified copies of marriage records differ by state. Visit the National Center for Health Statistics’ website to determine who you can write to, who you can contact, who you can fax, or who you can email to obtain the documents required in your state. Almost definitely, there will be a small fee, perhaps between $5 and $10.

Is anyone capable of officiating a wedding?

No, the county is responsible for accrediting the officiant. Civil unions, on the other hand, are not religious in nature and are performed by a judge, justice of the peace, or court clerk. On rare occasions, a judge or court clerk will grant someone temporary legal license to perform weddings. Religious weddings are performed by a priest or other church member. This is typically a priest, minister, or rabbi. Weddings can be performed by tribal officials chosen by the tribe, however the tribal chief performs the majority of weddings.

Is there anything else we should do following the wedding?

Following the ceremony, there are no legal requirements for marriage in the majority of states. Only a few governments require sexual contact as part of the marriage consummation process, although this is not the norm. When the ceremony concludes, the two are considered married in the majority of states.

In some states, the officiant is responsible for ensuring that the marriage license is recorded in the county where the marriage took place. Typically, a few weeks following your ceremony, you will receive your marriage certificate in the mail. Even if the officiant fails to file the marriage certificate, you are still considered married.

Are You Having Difficulties Meeting Marriage Requirements? Consult an attorney.

Marriage is one of the most vital relationships you can join. Along with the excitement of marrying your partner, you should be aware of your legal rights and obligations. If you have any queries concerning marriage requirements, you should consult a family law specialist who can assist you throughout the procedure.

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What Does A Prenup Achieve?

Prenuptial arrangements usually cover the duration of a marriage but can be limited by what is known as a sunset clause whereby the agreement will no longer be binding following a certain period of time. Read on to learn more.

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A prenup can cover the following:

  • Existing children
  • Plans for estates
  • Property held in the family
  • Financial assets
  • Debt liability
  • Property division
  • Saving and spending plans
  • Individual and group property ownership
  • Individual and group business ownership

An agreement once you are married is known as a postnuptial agreement and the terms are nearly identical to a prenup.

It is a good idea to have a waiting period to finalize a prenup and consult an attorney who can describe the legal terms of the contact to you. The best prenups are arranged some time before the marriage so everyone can be fully aware of the terms.

Prenuptial Agreements are becoming a more regular part of the wedding planning process. Continue reading to find out more.

How do I acquire a prenuptial agreement?

A prenuptial agreement should make both couples feel more confident about their finances and future plans. Some marriages end in divorce, and a prenuptial agreement can make the divorce process go more easily while also protecting your assets. Take into account the following:

Getting a Lawyer

Attorneys should be hired by both sides. Lawyers who specialize in prenuptial agreements can be found online or through personal recommendations.

Discussion

Have an in-depth discussion with the other party about all aspects of your finances, including full financial transparency. If you don’t, the prenuptial agreement may be declared void in court.

Draft

Investigate state prenuptial agreement rules and compile a comprehensive list of assets. Do not forget to include debts in the contract. Similarly, make a distinction between property that will be kept separate and property that will be shared. You’ll also need to utilize the prenup to specify whether you’ll pay your debts separately or jointly. The prenuptial agreement must also address spousal support and what will happen to the marital residence if the couple divorces. You’ll also need to agree on who is responsible for bill payment, whether you’ll have joint or separate bank accounts, and how you’ll fund significant expenditures.

Also, keep in mind that the prenuptial agreement must be in writing, dated, and signed by both parties; depending on the state you live in, witnesses may be required; it must be notarized; and three copies must be made.

  • A prenuptial agreement must be in the works.
  • Both partners should sign and date the prenuptial agreement.
  • Depending on your state, one or two witnesses will be required to witness the signing of the agreement.
  • The document must be notarized.
  • Make three duplicates.

A prenuptial agreement can be used by a married couple with children from previous marriages to set out what will happen to their property when they die, allowing them to leave separate possessions to their children while still providing for each other if necessary.

Make your financial rights clear.

Couples, whether they have children or not, and whether they are affluent or not, may simply want to clarify their financial rights and duties during their marriage.

In the event of a divorce, avoid arguing.

Obtain debt protection. Prenuptial agreements can also be used to protect couples from each other’s debts, as well as a variety of other difficulties.

If You Don’t Have a Prenuptial Agreement

If you don’t sign a prenuptial agreement, your state’s laws will govern who owns the property you acquire during your marriage and what happens to it if you divorce or die. State law may have a say in what happens to some of the assets you had before you married.

 

Preparing a Legal Prenup

The law is becoming more favorable to prenuptial agreements as they become more popular.

 

Courts and legislators are increasingly prepared to uphold premarital agreements as divorce and remarriage have grown more common, and as gender equality has increased.

 

However, because prenuptial agreements are still scrutinized by the courts, it is critical that you discuss and draft your agreement in a clear, understandable, and legally sound manner.

Need an Affordable Divorce lawyer in Scottsdale?

(480) 240-0040
INITIAL CONSULTATION

The High Desert Family Law Group should be your first choice when you need the best divorce lawyer in Scottsdale or Phoenix, Arizona. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation.

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Choosing Not To Sign A Prenup

In this essay, we’ll look at what can happen if you don’t sign a prenuptial agreement. Continue reading to find out more.

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It’s critical to comprehend the ramifications. Prenuptial agreements take precedence over state-enacted safeguards and rules that are enforced under civil law. As a result, if you do not sign the prenuptial agreement and then get divorced, your assets may not be protected. There may also be disagreements about spousal support and the division of other assets, as well as what will happen if one of the partners dies.

Legal Guidance

It is a good idea to seek legal advice once you have made your decision about a prenuptial agreement, whether you intend to sign it or not, so you have a clear image of the procedure and the prenuptial arrangements. You will be able to make an informed selection this way. Typically, couples meet with a mediator to assess whether or not a prenuptial agreement is beneficial.

Valid Prenuptial Agreements

In the past, judges were suspicious of prenuptial agreements since, nine times out of ten, the spouse with less economic power was involved in a waiver of financial and legal benefits. Judges can still decide if a prenuptial agreement is fair or not, especially when equality becomes a larger feature of these agreements. However, you should discuss and draft your own prenuptial agreement and have it reviewed by independent lawyers; otherwise, the court may dispute the document’s legality.

 

Who Needs a Prenuptial Agreement?

Contrary to popular belief, prenuptial agreements are not only for the wealthy. While prenuptial agreements are commonly utilized to preserve the assets of a wealthy fiancé, couples of modest means are increasingly using them for their own needs. Some people request a prenuptial agreement for the following reasons:

  • A prenuptial agreement can be used by a married couple with children from previous marriages to set out what will happen to their property when they die, allowing them to leave separate possessions to their children while still providing for each other if necessary.
  • Without a prenuptial agreement, a surviving spouse may be entitled to a considerable amount of the other spouse’s assets, leaving much less for the children.

Make your financial rights clear.

  • Couples, whether they have children or not, and whether they are affluent or not, may simply want to clarify their financial rights and duties during their marriage.
  • In the event of a divorce, avoid arguing.
    Alternatively, they may want to preempt possible problems if they ever divorce by laying down how their assets will be shared and whether either spouse would receive alimony in advance. (However, in a few states, a spouse’s entitlement to alimony cannot be waived, and in most others, a waiver of alimony will be closely reviewed and will not be enforced if the spouse who is giving up alimony does not have legal representation.)

Obtain debt protection.

Prenuptial agreements can also be used to protect couples from each other’s debts, as well as a variety of other difficulties.

 

If You Don’t Have a Prenuptial Agreement

If you don’t sign a prenuptial agreement, your state’s laws will govern who owns the property you acquire during your marriage and what happens to it if you divorce or die. (Depending on your state, property obtained during your marriage is referred to as marital or communal property.) State law may have a say in what happens to some of the assets you had before you married. Marriage is regarded by the law as a contract between the marrying couple, and that relationship confers on each spouse some automatic property rights.

Preparing a Legal Prenup

The law is becoming more favorable to prenuptial agreements as they become more popular. Traditionally, courts regarded prenuptial agreements with suspicion since they nearly usually entailed a less wealthy spouse waiving legal and financial benefits, and they were supposed to encourage divorce. Courts and legislators are increasingly prepared to uphold premarital agreements as divorce and remarriage have grown more common, and as gender equality has increased. Every state now allows them, albeit a prenuptial agreement that is found to be unjust or fails to meet state requirements will still be rejected. However, because prenuptial agreements are still scrutinized by the courts, it is critical that you discuss and draft your agreement in a clear, understandable, and legally sound manner. If you design your own agreement, as we urge, you should have independent lawyers evaluate it and at the very least provide you with some advice – otherwise, a court will be much more inclined to dispute its legitimacy.

Need an Affordable Divorce lawyer in Scottsdale?

(480) 240-0040
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The High Desert Family Law Group should be your first choice when you need the best divorce lawyer in Scottsdale or Phoenix, Arizona. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation.

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]]> Premarital Agreement Enforcement https://highdesertfamilylawgroup.com/premarital-agreement-enforcement/ Tue, 07 Sep 2021 05:08:18 +0000 https://highdesertfamilylawgroup.com/?p=10744 The post Premarital Agreement Enforcement appeared first on High Desert Family Law Group.

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What Does A Prenup Achieve?

Arizona Revised Statute 25-202 covers the Enforcement of Premarital agreements. Read on to learn more about what the law covers and what a prenuptial agreement can cover.

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ARS 25-202 Enforcement of Premarital Agreements

  1. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.
  2. The agreement becomes effective on marriage of the parties.
  3. The agreement is not enforceable if the person against whom enforcement is sought proves either of the following:
  • The person did not execute the agreement voluntarily.
  • The agreement was unconscionable when it was executed and before execution of the agreement that person:
  • Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.
  • Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.
  • Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
  1. If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
  2. An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
  3. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

A prenup can cover the following:

  • Existing children
  • Plans for estates
  • Property held in the family
  • Financial assets
  • Debt liability
  • Property division
  • Saving and spending plans
  • Individual and group property ownership
  • Individual and group business ownership
  • An agreement once you are married is known as a postnuptial agreement and the terms are nearly identical to a prenup.

It is a good idea to have a waiting period to finalize a prenup and consult an attorney who can describe the legal terms of the contact to you. The best prenups are arranged some time before the marriage so everyone can be fully aware of the terms.

Prenuptial Agreement Benefits

  • When they are children from previous marriages, a prenuptial agreement can state what will happen to assets on the death of a parent, so the children are provided for.
  • The opportunity to examine financial circumstances and agree on financial responsibilities.
  • To avoid arguments in divorce cases.
  • To protect one another from each other’s debts.
  • If you do not make a prenuptial agreement, the law in your state will determined the division of property while you were married as well as what happens with your assets after your death, or even following the divorce process.

Amendment or revocation of agreement

Arizona Revised Statute 25-204 states: After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

Need an Affordable Divorce lawyer in Scottsdale?

(480) 240-0040
INITIAL CONSULTATION

The High Desert Family Law Group should be your first choice when you need the best divorce lawyer in Scottsdale or Phoenix, Arizona. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation.

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]]> What Does A Prenup Cover https://highdesertfamilylawgroup.com/what-does-a-prenup-cover/ Wed, 25 Aug 2021 17:18:38 +0000 https://highdesertfamilylawgroup.com/?p=10649 The post What Does A Prenup Cover appeared first on High Desert Family Law Group.

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What Does A Prenup Achieve?

Prenuptial arrangements usually cover the duration of a marriage but can be limited by what is known as a sunset clause whereby the agreement will no longer be binding following a certain period of time. Read on to learn more.

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A prenup can cover the following:

  • Existing children
  • Plans for estates
  • Property held in the family
  • Financial assets
  • Debt liability
  • Property division
  • Saving and spending plans
  • Individual and group property ownership
  • Individual and group business ownership

An agreement once you are married is known as a postnuptial agreement and the terms are nearly identical to a prenup.

It is a good idea to have a waiting period to finalize a prenup and consult an attorney who can describe the legal terms of the contact to you. The best prenups are arranged some time before the marriage so everyone can be fully aware of the terms.

 

Need an Affordable Divorce lawyer in Scottsdale?

(480) 240-0040
INITIAL CONSULTATION

The High Desert Family Law Group should be your first choice when you need the best divorce lawyer in Scottsdale or Phoenix, Arizona. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation.

The post What Does A Prenup Cover appeared first on High Desert Family Law Group.

]]> What Does A Prenup Achieve? https://highdesertfamilylawgroup.com/what-does-a-prenup-achieve/ Tue, 24 Aug 2021 18:43:46 +0000 https://highdesertfamilylawgroup.com/?p=10644 The post What Does A Prenup Achieve? appeared first on High Desert Family Law Group.

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What Does A Prenup Achieve?

As prenuptial agreements become more common, the law is becoming friendlier toward them. Let’s review some of the benefits of them.

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  • When they are children from previous marriages, a prenuptial agreement can state what will happen to assets on the death of a parent, so the children are provided for.
  • The opportunity to examine financial circumstances and agree on financial responsibilities.
  • To avoid arguments in divorce cases.
  • To protect one another from each other’s debts.
  • If you do not make a prenuptial agreement, the law in your state will determined the division of property while you were married as well as what happens with your assets after your death, or even following the divorce process.

Need an Affordable Divorce lawyer in Scottsdale?

(480) 240-0040
INITIAL CONSULTATION

The High Desert Family Law Group should be your first choice when you need the best divorce lawyer in Scottsdale or Phoenix, Arizona. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation.

The post What Does A Prenup Achieve? appeared first on High Desert Family Law Group.

]]> Annulment Requirements https://highdesertfamilylawgroup.com/annulment-requirements/ Thu, 29 Jul 2021 16:38:02 +0000 https://highdesertfamilylawgroup.com/?p=10584 The post Annulment Requirements appeared first on High Desert Family Law Group.

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When Is An Annulment Not A Good Idea

Use our checklist if you are seeking an annulment in Arizona. Read on to learn more.

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Wait 90 Days

  • In Arizona you or your spouse are required to live in Arizona for a minimum of 90 days before filing for annulment

Obtain an Annulment Petition

  • Obtain a Petition for Annulment of Marriage form from your nearby superior court or on the courts website The bar association in your local town or city should be bale to help you locate your nearest superior court.

Annulment Without Children

Consent Decree Annulment

Complete the Annulment Petition

  • This petition can be completed by either party As soon as you complete the petition, supply all the requested information about you and your purported spouse, Explain to the court why you are petitioning an annulment and the legal reasoning for filing.

File the Annulment Petition

  • You will need to file the petition with the clerk of the superior court in the county in which either one of you resides There will also be a fee to be paid to the superior court clerk.
  • Follow the guidelines provided and ensure everything is filled out in the proper manner. This will ensure your spouse receives the notice correctly.

Wait for the Response

  • Twenty days is the time the respondent has to reply to the petition. If there is no response in 20 days, they other party forfeits their right to challenge the annulment/

Review the Courts Letter

  • Read the letter from the court with the listing the date/time of your hearing for an annulment. If you have not heard anything, you may contact the court to make sure everything is going to schedule.

Attend the Hearing

  • At the annulment hearing, the court decides if there is sufficient evidence to grant an annulment.  Having evaluated testimony and evidence, the court will make a decision to grant or dent an annulment.

Need an Affordable Divorce lawyer in Scottsdale?

(480) 240-0040
INITIAL CONSULTATION

The High Desert Family Law Group should be your first choice when you need the best divorce lawyer in Scottsdale or Phoenix, Arizona. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation.

The post Annulment Requirements appeared first on High Desert Family Law Group.

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