Divorce & Annulment
questions & answers
Question: I've lived in Arizona since February. My husband is in the military. I am now pregnant, & want a divorce. He is verbally abusive and has a strong temper. He just recently tried to commit suicide and was in the pyschiatric hospital. Can I get a divorce while pregnant? Or what about an anullment since he tried to kill himself? Thanks.
Answer:
Pregnancy will not prevent you from divorcing in Arizona.
You should note, however, the difference between getting a divorce and getting an annulment in Arizona. While the procedures for getting a divorce vs. an annulment in Arizona are substantially similar, the grounds are different. To get a divorce, you need only make a showing that your marriage is "irretrievably broken." On the other hand, for an annulment, you must show that the marriage is either void or voidable. (See, ARS 25-301) A void marriage is one the law prohibits, such as between certain blood relatives. Reasons a marriage may be voidable include:
(1) Fraud (i.e., the other person is still married; the marriage was only for citizenship eligibility);
(2) Duress (such as being forced into marriage);
(3) Lack of capacity (one party was a minor; extreme intoxication);
(4) Impotency;
Most superior court websites in Arizona have a "self service section" where divorce/annulment forms are available. Here are some of those links:
Maricopa County Superior Court Forms
QUESTIONS
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I've lived in Arizona since February. My husband is in the military. I am now pregnant, & want a divorce. He is verbally abusive and has a strong temper. He just recently tried to commit suicide and was in the pyschiatric hospital. Can I get a divorce while pregnant? Or what about an anullment since he tried to kill himself? Thanks.
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