Divorce & Annulment

questions & answers

Question: My wife and I were married in Phoenix a year ago, and now we would like to get a divorce. However, both of us are working abroad. Can we get a divorce or an annulment? Can we have a lawyer represent us and fly back for the court dates?

Answer:

The Superior Court may grant dissolution of marriage (divorce) if it finds:

1. That one of the parties, at the time the action was commenced, was domiciled in this state, or was stationed in this state while a member of the armed services, and that in either case the domicile or military presence has been maintained for ninety days prior to filing the petition for dissolution of marriage.

2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met.

3. The marriage is irretrievably broken or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-903.

4. To the extent it has jurisdiction to do so, the court has considered, approved and made provision for child custody, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of property. A.R.S. 25-312.

Annulment
Superior courts may dissolve a marriage, and may adjudge a marriage null and void when the cause alleged constitutes a weakness which makes the marriage void. A.R.S. 25-301.

A. The jurisdictional requirements and procedure for obtaining an annulment shall be the same as if the matter were one for dissolution of marriage.
B. If grounds for annulment exist, the court to the extent that it has jurisdiction to do so, shall divide the property of the parties and shall establish the rights and obligations of the parties with respect to any common or adopted children in accordance with the provisions of section 25-320 and chapter 4, article 1 of this title.

The amount of time that takes to get a dissolution or divorce can vary from case to case. State laws require that you wait 60 days from the date of service before you can proceed with a divorce. After the 60 days from the date of service passes, the steps necessary to obtaining a divorce will greatly depend on your situation. A divorce where the parties have been married for a relatively short period of time, have no children, and little property or debt can be less involved.