questions & answers

Question: I got married to someone incarcerated in 2005, at the time I didn't know he had a life sentence. I soon heard that a marriage was not legal if someone had a life sentence or had to be consummated. In AZ there are no conjugal visits allowed. I was not ok with some things he was doing and I asked for a divorce in 2007 and stopped all contact. We do not have anything in common and want to know if I file for annulment or divorce and how to go about that, I would like to be divorced and get my maiden name restored. He stated that he will not give me a divorce or sign papers.

Answer: Arizona is a no-fault divorce state.  A.R.S. Section 25-312 states that the sole grounds for divorce is that one of the parties believes the marriage is irretrievably broken.  Annulments are granted only if you can show that the marriage was entered into by fraud or that it was a marriage not allowed by law.  (For example:  close blood relatives may not marry). Consummation is not required for a marriage to be legal.  You can find all the forms and instructions to do an uncomplicated divorce on the Superior Court's website. Go to: https://www.azcourts.gov/selfservicecenter/Family-Law-Forms.  A spouse does not have to agree to the divorce or sign papers.  You will need to serve him with the petition for dissolution of marriage according to the court's rules.  He can file a response stating that he does not want the divorce, but his wants are irrelevant if you state the marriage is irretrievably broken.