Married Never Consummated and Divorce and Annulment in AZ
A marriage that hasn’t been consummated for one reason or another will pose challenges. Very often, it will have couples seeking a legal separation from each other. This usually occurs in the early stages of the marriage, shortly after it has occurred.
If you are considering the termination of your marriage, you may be wondering whether a divorce or an annulment would be the right choice.
The lack of marriage consummation is one of the reasons why you could get an annulment. There will only be a few exceptions in which a divorce is going to act as the only viable termination option.
No Consummation = Ground for Annulment
Consummation of a marriage sounds like a really archaic term but it simply refers to the lack of sexual activity between the two partners.
A failure to consummate can occur for many reasons. There could be physical or psychological hindrances that are keeping one of the partners from engaging in healthy intimacy. There could be other factors that an individual failed disclosing before getting married.
Marriages are consummated whenever sexual intercourse occurs. The use of barrier contraception doesn’t prevent consummation. Absence of consummation, whether caused by a refusal to engage in intercourse or an inability to perform, is a reason for an annulment in Arizona.
In Arizona, there are two possible marriage annulments. A void marriage is a marriage that was considered illegal right from the start. Annulment due to the lack of consummation falls under the second category – voidable annulment.
Voidable annulments have one party seeking the termination of the marriage from an Arizona court because they were deceived or because the other individual in the civil union isn’t performing their responsibilities within the context of the marriage.
Longer Marriages and Annulment Due to No Consummation
Seeking an annulment is an easier option than going for a divorce. The law will treat the marriage as if it had never existed. Thus, there will be no asset division and other complicated, lengthy procedures.
Getting your annulment shortly after the marriage occurred due to non-consummation is relatively easy. How about a marriage that has gone on for a longer period of time? A few months? One year?
Getting an annulment in such instances due to a failure to consummate could be a bit more difficult but not impossible. In fact, Arizona family lawyers have managed to grant their clients an annulment on such grounds after several months, even after a year of being together with a spouse.
If there’s a medical issue, proving non-consummation is going to be a relatively easy task. The same applies for couples that no longer live together or that have never lived together (adding abandonment to the non-consummation issue).
Proving that a partner concealed an issue with the intent of deceiving the other and failing to consummate the marriage is not necessarily going to be easy. In addition, longer marriages may involve the acquisition of community property. The division of such property makes things more complicated and necessitates a termination procedure other than annulment.
Click here for an article on annulment basics in Arizona.
Getting a Divorce for Non-Consummation in Arizona
Arizona is a no-fault state.
This means that spouses don’t have to prove who is guilty for the marriage falling apart. Wishing to get divorced is enough to trigger the legal procedure.
Filing the divorce papers could be easier than attempting to get your annulment. You’ll be free from having to prove anything and you’ll simply be left with sorting out the terms and conditions of the marriage dissolution.
To pinpoint the best way out of such a problematic marriage, talk to an Arizona divorce attorney. An annulment is usually a good choice but it’s not necessarily the right one for you.
Find out about understanding Arizona child visitation laws.