Legal Question in Family Law in Arizona

annulment

I am in the Army currently stationed at Ft. Bragg, North Carolina. My home state is Arizona (I file my taxes there, etc. so I believe I am still considered a resident). I got married here in N.C. last month and now want to annul the marriage. The marriage hasn't been consemated. I am leaving for Iraq in 3 weeks and will be leaving my brother as my power af attorney. Since My brother lives in Arizona, I would like to file the annulment papers in AZ. Is that possible since we got married here and she is not an AZ resident?


Asked on 8/23/06, 7:36 pm

2 Answers from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: annulment

Does she have any contacts with Arizona? Will she AGREE to the annulment? There is more information I would need before I can answer these questions.

I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Alicia to schedule a free 1/2 hour consultation.

/s/ Rich J. Peters, Attorney

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R. J. PETERS & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602x254x7251

602x254x1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 8/30/06, 2:53 pm
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: annulment

Thank you for your inquiry. In order to have a marriage annulled, you have to prove that it was

"void" or "voidable" at the time of the marriage itself. In other words, the length of the marriage doesn't matter, nor does it matter whether you have consummated or not. For example, if the marriage was entered into by fraud, or if one of you lacked the capacity to marry (e.g. underage or mentally incompentent), then you can seek annulment. If you are "having second thoughts" or otherwise just wishing the marriage hadn't happened, you would need to seek a divorce.

If your wife never lived in Arizona, then the court here might not have jurisdiction to enter orders regarding division of property; however, in a short marriage, this is less of a problem.

We offer a free initial consultation (and a 25% discount to active military personnel), so please contact our office to schedule a time to speak with one of our attorneys over the phone about the details of your situation. We can be reached at 480.792.9770.

Sincerely,

Monica Donaldson

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Answered on 8/23/06, 9:44 pm


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