Divorce & Annulment

questions & answers

Question: I am in a same-sex marriage. I live in Arizona and my wife lives in Guam. Can I file an annulment in Arizona based on the premise that by statute, a “marriage between persons of the same sex is void and prohibited” in Arizona. A.R.S. § 25-101(C)?

Answer: You are correct that A.R.S. Section 25-101(C) prohibits same sex marriage, designating it void.  Void marriages are grounds for annulment under A.R.S. Section 25-301.  However, the constitutionality of the statute prohibiting gay marriage has been called into question.  Technically, you can file a petition for annulment.  If your partner objects, the constitutionality of the statute may become an issue.

QUESTIONS

  • I am in a same-sex marriage. I live in Arizona and my wife lives in Guam. Can I file an annulment in Arizona based on the premise that by statute, a “marriage between persons of the same sex is void and prohibited” in Arizona. A.R.S. § 25-101(C)?

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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