First, what is an annulment? An annulment differs from a Divorce, a court
order that terminates a marriage, since it is a judicial statement that there
was never a marriage. A divorce, which can only take place where there has been
a valid marriage, means that the two parties are no longer Husband and Wife
once the decree is issued. An annulment means that the individuals were never
united in marriage as husband and wife. Various religions have different
methods for obtaining a church divorce, or annulment, but these procedures have
no legal force or effect upon a marriage that complied with the requirements of
law. Such a marriage must also be legally annulled.
You might ask if you can use mediation to get an annulment.
An annulment can be granted if strict requirements are met. While it is not a commonly used method for
ending a marriage you can use mediation to achieve your result.
Mediation will save you money, time, aggravation, and
stress plus give you more control over your annulment. You will also have the liberty of talking
about things that a judge may not even have the authority to discuss! The private mediation process is so much more
flexible and informal that folks can communicate better. When you add our WHY
discovery process to the mediations steps, you get to have all the learning,
coaching and growth that accompanies our cutting edge process, along with your
mediated settlement, and, all keeping you out of court and saving you money
and time!
The grounds for an annulment can include fraud that goes to
“the essence of a marriage” (meaning the heart of a marriage). For example, if
a spouse does not disclose to their partner an intent to withhold sexual
relations from the marriage, or even a desire live separately, this can be
interpreted as fraud because sexual intimacy and living together are central to
the compatibility of a marriage. Other grounds include underage spouses, under
duress, or should a spouse conceal a sexually transmitted disease from their
partner. Other issues such as misrepresentation of wealth, education, social
status, or even fertility are not grounds for an annulment by the Court.
Your next step can be a simple phone call to us at 480-777-5500.
At WHYmediate?, Find out why mediation will allow you to resolve
many different types of conflicts in a positive learning environment that
covers how to deal with all the upcoming days in your life.
WHYmediate? Mediation Services
4500 South Lakeshore Drive Suite 300
Tempe, AZ 85282
(480) 777-5500
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