Divorce & Annulment

questions & answers

Question: Hello, I married my spouse about 1 year ago. We then PCSed to overseas. My wife found employment in a GS-8 job. Now she wants to live the single life- never comes home, parties all the time with others, and has had affairs with other men. I want to divorce her but she doesn't want to get a divorce because she wants to keep the GS job. Her job really likes her and is looking for a way to keep her here . Its I want nothing to do with her. My question- is there a law that protects service members from these predatory spouses that marry just for the preferential hiring for these GS jobs?

Answer: The Service Members Civil Relief Act was created to protect service members against certain civil actions. There are three primary areas of coverage under the SCRA: (1) protection against the entry of default judgments; (2) stay of proceedings where the servicemember has notice of the proceeding; and (3) stay or vacation of execution of judgments, attachments and garnishments. 50 U.S.C. app. §§ 521, 522 and 524.
For more information on the SCRA please go to:http://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/servicemembers-civil-relief-act-scra

If a person misrepresented information or was untruthful about his or her true reasons for marrying the other person, it be considered fraud. Fraud is a one of the grounds for annulment, which would render a marriage void. (Arizona Revised Statute 25-301). An annulment may be requested by anyone regardless of military service. When a person files for an annulment there will be a hearing in which a judge will make a determination about whether the grounds stated are legal grounds for an annulment. Please consult an attorney for advice specific to your case.

For information on how to file for an annulment in Maricopa County please go to: https://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc_draa1.asp

The National Military Family Association has information regarding various family law issues pertaining to military members. To visit its website, please go to: http://www.militaryfamily.org/info-resources/marriagedivorce/divorce.html?referrer=https://www.google.com

QUESTIONS

  • Hello, I married my spouse about 1 year ago. We then PCSed to overseas. My wife found employment in a GS-8 job. Now she wants to live the single life- never comes home, parties all the time with others, and has had affairs with other men. I want to divorce her but she doesn't want to get a divorce because she wants to keep the GS job. Her job really likes her and is looking for a way to keep her here . Its I want nothing to do with her. My question- is there a law that protects service members from these predatory spouses that marry just for the preferential hiring for these GS jobs?

STORIES

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  • State Bar of Arizona
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