Arizona Annulment and Prohibited Marriage Laws

By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 26, 2023

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

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State laws regulate the institution of marriage. These laws regulate legal processes like civil annulments and divorces. They also place certain restrictions on who may get married. Every state has a list of conditions that disqualify a couple from getting married. These conditions include prohibitions against incestuous or bigamous marriages.

A civil annulment is a legal process for invalidating a marriage. State laws reference incestuous and bigamous marriages as invalid. As a consequence, marriages entered into despite blood relations or bigamy qualify for civil annulments.

Continue reading for a breakdown of laws in Arizona related to civil annulments and the types of marriage that are prohibited.

Laws in Arizona Related to Civil Annulments and Prohibited Marriages

The following chart highlights the main provisions of Arizona's civil annulment and prohibited marriage laws. See FindLaw's Marriage Law Overview section for additional articles and resources.

Prohibited Marriages
  • Under Section 25-101, incestuous marriages are prohibited and invalid. However, there are still some exceptions for marriages between first cousins.
  • Under the same statute, a prohibition against same-sex marriages remains on the books. However, it is no longer constitutional and enforceable after the U.S. Supreme Court ruled that same-sex marriage is legal in 2015.
  • Under Section 13-3606, bigamy is a crime. It is treated as a felony. Bigamy is defined as marrying a second person while already being legally married to another person.
Time Limits for Obtaining Annulment
  • No time limit is specified by any law in Arizona for obtaining a civil annulment.
Legitimacy of Children
  • Under Section 25-302(B), children born or adopted during a marriage that is civilly annulled are considered legitimate.
Grounds for Annulment Under relevant state law, the following serve as grounds for a civil annulment:
  • Marriages entered into despite the parties being related by blood, while there are some exceptions for marriages between first cousins
  • Bigamous marriages

Note: State laws are constantly changing. Contact an Arizona family law attorney or conduct your own legal research to verify the state law(s) you are researching.

Same-Sex Marriage in Arizona

In the wake of a decision by the U.S. Supreme Court in 2015, marriage between same-sex partners is now legal. Regardless of whether a law against same-sex marriage remains on the books in any state, laws against same-sex marriage are no longer constitutional and enforceable after the case the U.S. Supreme Court heard in that year, Obergefell v. Hodges.

Arizona Annulment Laws: Related Resources

As state laws are always subject to change, consider conducting your own legal research to verify that laws of your state. For the purposes of such legal research, consider reviewing the following resources:

Need More Help? Contact an Attorney Today

If you're in the midst of a legal issue related to civil annulment, marriage, or divorce, it's advised that you contact a family law attorney near you. They can assist you with all legal matters related to civil annulments, marriage, or divorce.

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