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Arizona Annulment Laws: Grounds, Residency and How to File (2026)

Independently fact-checkedBy Recording Law Editorial Team11 min read

Independently fact-checked against primary sources (last audited October 8, 2026). · 23 primary sources cited on this page. How we verify our legal content

Arizona Annulment Laws: Grounds, Residency and How to File (2026)

Yes, on limited grounds. Under A.R.S. § 25-301, an Arizona superior court may declare a marriage null and void when "the cause alleged constitutes an impediment rendering the marriage void." Arizona courts read that to cover void marriages, such as one between close relatives, and voidable ones, such as some marriages induced by fraud. Annulment uses the same jurisdiction rules and procedure as divorce, including the 90-day domicile requirement (A.R.S. 25-302(A), 25-312(A)(1)).

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers annulment under Arizona Revised Statutes Title 25, mainly A.R.S. 25-101, 25-102, 25-111, 25-112, 25-301, 25-302, 25-314, 25-318 and 25-325, plus the probate rule in 14-2802 and the main published Arizona cases on which marriages 25-301 reaches. It does not cover religious annulment or other states' law. For divorce (dissolution of marriage), see Arizona divorce laws.

Can you get an annulment in Arizona?

Yes. A.R.S. § 25-301 provides:

"Superior courts may dissolve a marriage, and may adjudge a marriage to be null and void when the cause alleged constitutes an impediment rendering the marriage void."

Section 25-301 does not list specific grounds. In Means v. Industrial Commission (1973), the Arizona Supreme Court held that "any grounds rendering the marriage void or voidable should be available to grant an annulment of marriage." The Court of Appeals has since read the statute's word "void" to cover both void marriages, which cannot be ratified, and voidable marriages, which the injured party can ratify or disaffirm (Hodges v. Hodges, 1978; State ex rel. Department of Economic Security v. Demetz, 2006).

Fraud is the voidable ground the published cases address most directly. A court may annul a marriage based on "false representation or concealment when the false representation or concealment is such that the fundamental purpose of the injured party in entering into the marriage is defeated" (Wisniewski v. Dolecka, 2021, quoting Means). Wisniewski holds that "fraud justifying annulment must be proved by clear and convincing evidence," and it notes that "not every form of fraud provides a basis for annulment of a marriage." A lawyer licensed in Arizona can explain whether particular facts meet that standard.

Cochise County Superior Court's self-help page refers to Arizona's "limited grounds for annulment (A.R.S. 25-301 and 25-302)."

Grounds for annulment in Arizona

The main statutes on void or invalid marriages, and the case-law rule for fraud, are summarized below.

Arizona: a wooden gavel resting on its sound block on a plain desk in window light

SituationWhat the law saysCite
Close relativesMarriage between parents and children (including grandparents and grandchildren of every degree), brothers and sisters of the half or whole blood, uncles and nieces, aunts and nephews, and first cousins "is prohibited and void"A.R.S. 25-101(A)
First cousins exceptionFirst cousins may marry if both are 65 or older, or, if one or both are under 65, with approval of a superior court judge on proof that one cousin is unable to reproduceA.R.S. 25-101(B)
No license, no authorized officiant, or expired licenseA marriage contracted in Arizona "is not valid" unless a license is issued, the marriage is solemnized by an authorized person (or one believed in good faith by at least one party to be authorized), and it is solemnized before the license expiresA.R.S. 25-111(B)
Out-of-state marriagesMarriages valid where contracted are valid in Arizona, "except marriages that are void and prohibited by section 25-101"A.R.S. 25-112(A)
Voidable marriage: fraudA false representation or concealment that defeats the injured party's fundamental purpose in entering the marriage; not every form of fraud qualifies, and it must be proved by clear and convincing evidenceMeans v. Industrial Commission (Ariz. 1973); Wisniewski v. Dolecka (Ariz. App. 2021)

Two points the statutes leave open. Section 25-111(B) says "not valid" rather than "void," and this page does not cover whether a court treats that defect as grounds for annulment under 25-301. This page also does not cover how Arizona treats a marriage entered while one spouse was still married to someone else; a lawyer licensed in Arizona can explain that question.

Underage marriage in Arizona

Arizona tightened its age rules in 2018. HB 2006 (Laws 2018, chapter 173), signed April 11, 2018, amended A.R.S. 25-102. A person at least 16 and under 18 may marry only if either:

  • they are emancipated by court order and the prospective spouse is not more than three years older, or
  • the custodial parent or guardian consents and the prospective spouse is not more than three years older.

Under 25-102(B), "Persons who are under sixteen years of age shall not marry," and the clerk may not issue a license otherwise. The 2018 law replaced an older rule that let a judge approve a marriage under 16 after counseling.

The statute does not say that a marriage in violation of the age rule is void, and the 2018 law did not change the list of void marriages in 25-101. Whether an underage marriage can be annulled is a question to raise with a lawyer licensed in Arizona. A 2025 bill that would have barred all marriages under 18, HB 2528, was held in committee, and a 2026 bill titled "marriage; minimum age," HB 4125, was held in the House Rules Committee. Neither became law.

How to file for an annulment in Arizona

Court. Annulment cases go to the superior court and are filed under the Arizona Rules of Family Law Procedure (A.R.S. 25-311(A)-(B)).

Residency. Under 25-302(A), "The jurisdictional requirements and procedure for obtaining an annulment shall be the same as if the matter were one for dissolution of marriage." For dissolution, A.R.S. 25-312(A)(1) requires that one spouse be domiciled in Arizona, or stationed here in the armed services, for 90 days before filing.

Defense. For an annulment, A.R.S. 25-314(C)(3) lists the defense as "that the marriage is not void."

Waiting period. The 60-day waiting period in A.R.S. 25-329 is written for applications for dissolution or legal separation; its text does not mention annulment.

Forms. The Arizona Judicial Branch's family law forms page lists dissolution and legal separation form sets; no statewide annulment page was found when this page was researched. Cochise County Superior Court publishes annulment packets, and its self-help page says those packets are for non-covenant marriages with no minor children. Check with the superior court in your county for the forms it accepts.

What happens to property, children and support

Property. If grounds for annulment exist, A.R.S. 25-302(B) directs the court, to the extent it has jurisdiction, to "divide the property of the parties." The property-division statute, A.R.S. 25-318(A), also covers annulment. Under A.R.S. 25-211(A)(2), property acquired after service of a petition for annulment is not community property if the petition results in a decree of annulment.

Children. The same section, 25-302(B), directs the court to "establish the rights and obligations of the parties with respect to any common or adopted children" in accordance with A.R.S. 25-320 and chapter 4, article 1 of Title 25. See Arizona child custody laws for how those decisions are made.

Spousal maintenance. Arizona's maintenance statute, A.R.S. 25-319(A), is worded for "a proceeding for dissolution of marriage or legal separation" and does not mention annulment, and 25-302(B) mentions only property and children. The statutes therefore do not clearly provide for maintenance after an annulment; a lawyer licensed in Arizona can explain how that question is handled.

Name. Under A.R.S. 25-325(C), "On request by a party at any time before the signing of the decree of dissolution or annulment by the court, the court shall order that the party's requested former name be restored."

Inheritance. A.R.S. 14-2802(A) provides that a person "whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, that person is married to the decedent at the time of death."

Covenant marriages and annulment

Arizona offers covenant marriage under A.R.S. 25-901 to 25-906. The statutory annulment provision, 25-301, is not specific to covenant marriages, but Cochise County's self-help annulment packets are designed for non-covenant marriages. Converting an existing marriage to a covenant marriage does not cure a defect: under 25-902, "Conversion to a covenant marriage does not make valid a marriage that is prohibited pursuant to this title or that is not validly contracted in this state."

Annulment vs. divorce in Arizona

A divorce (dissolution of marriage) ends a valid marriage; an annulment declares a void or voidable marriage null and void. The Court of Appeals has said that once an annulment decree issues, the marriage is deemed invalid from its inception, whether it was void or voidable (Demetz, 2006). See Arizona divorce laws for grounds and procedure, and Arizona common-law marriage if you are unsure whether a relationship was a legal marriage. A church or religious annulment is a separate process from a court annulment.

Arizona: two coffee mugs on a table

Disclaimer: This article provides general legal information about annulment under Arizona Revised Statutes Title 25, mainly A.R.S. 25-301 and 25-302. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Arizona or your county superior court's self-help center.

Last updated: 2026-10-08.

Frequently Asked Questions

What are the grounds for annulment in Arizona?

A.R.S. 25-301 allows annulment when the cause alleged is an impediment rendering the marriage void. Arizona courts apply it to void marriages, such as relatives A.R.S. 25-101 declares prohibited and void, and to voidable marriages (Means v. Industrial Commission, 1973).

Can you get an annulment for fraud in Arizona?

Possibly. Courts annul for fraud only when a false representation or concealment defeats the injured spouse's fundamental purpose in marrying, not for every kind of dishonesty, and the fraud must be proved by clear and convincing evidence (Wisniewski v. Dolecka, Ariz. App. 2021).

How long do you have to live in Arizona to get an annulment?

Annulment uses the same jurisdictional requirements as divorce (A.R.S. 25-302(A)), and divorce requires one spouse to be domiciled in Arizona, or stationed there in the military, for 90 days before filing (A.R.S. 25-312(A)(1)).

Can first cousins marry in Arizona?

First-cousin marriages are void under A.R.S. 25-101(A), except that cousins may marry if both are 65 or older, or with a superior court judge's approval on proof that one cousin cannot reproduce (A.R.S. 25-101(B)).

Is property divided in an Arizona annulment?

Yes. If grounds for annulment exist, the court divides the parties' property to the extent it has jurisdiction (A.R.S. 25-302(B), 25-318(A)).

Can I get my former name back after an Arizona annulment?

Yes. If you ask before the court signs the decree of annulment, the court shall order your requested former name restored (A.R.S. 25-325(C)).

What is the minimum marriage age in Arizona?

Persons under 16 shall not marry. A 16- or 17-year-old may marry only if emancipated or with a custodial parent's or guardian's consent, and only if the other spouse is not more than three years older (A.R.S. 25-102).

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. A.R.S. 25-301 (dissolution and annulment jurisdiction)(azleg.gov).gov
  2. A.R.S. 25-302 (annulment: jurisdiction, procedure, property and children)(azleg.gov).gov
  3. A.R.S. 25-312 (dissolution of marriage: findings and domicile)(azleg.gov).gov
  4. Means v. Industrial Commission, 110 Ariz. 72, 515 P.2d 29 (Ariz. 1973)(static.case.law)
  5. Hodges v. Hodges, 118 Ariz. 572, 578 P.2d 1001 (Ariz. App. 1978)(static.case.law)
  6. State ex rel. Department of Economic Security v. Demetz, No. 1 CA-CV 05-0148 (Ariz. App. Mar. 28, 2006)(azcourts.gov).gov
  7. Wisniewski v. Dolecka, No. 1 CA-CV 19-0667 FC (Ariz. App. May 4, 2021)(azcourts.gov).gov
  8. Cochise County Superior Court Self-Help, Annulment(cochise.az.gov).gov
  9. A.R.S. 25-101 (void and prohibited marriages)(azleg.gov).gov
  10. A.R.S. 25-111 (requirements for a valid marriage)(azleg.gov).gov
  11. A.R.S. 25-112 (marriages contracted outside Arizona)(azleg.gov).gov
  12. Laws 2018, chapter 173 (HB 2006), amending A.R.S. 25-102(azleg.gov).gov
  13. A.R.S. 25-102 (marriage of minors)(azleg.gov).gov
  14. Arizona Legislature, HB 2528 (2025) bill status(azleg.gov).gov
  15. Arizona Legislature, HB 4125 (2026) bill status(azleg.gov).gov
  16. A.R.S. 25-311 (jurisdiction; Rules of Family Law Procedure)(azleg.gov).gov
  17. A.R.S. 25-314 (pleadings and defenses)(azleg.gov).gov
  18. A.R.S. 25-329 (waiting period)(azleg.gov).gov
  19. Arizona Judicial Branch Self-Service Center, Family Law Forms(azcourts.gov).gov
  20. A.R.S. 25-318 (disposition of property)(azleg.gov).gov
  21. A.R.S. 25-211 (community property)(azleg.gov).gov
  22. A.R.S. 25-319 (spousal maintenance)(azleg.gov).gov
  23. A.R.S. 25-325 (decree; restoration of name)(azleg.gov).gov
  24. A.R.S. 14-2802 (effect of divorce, annulment and decree of separation)(azleg.gov).gov
  25. A.R.S. 25-902 (conversion to covenant marriage)(azleg.gov).gov
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