questions & answers

Question: Can I get an annulment if my husband sexually abused his step-daughter (my daughter)? He has not been charged but there is an open case with the city of Phoenix detectives. CPS is also involved. There is an order of protection which he has been served. He has left the state to avoid being questioned and going to jail due to not following the order of protection.

Answer: Arizona Revised Statutes, Section 25-301 states: "Superior Courts may dissolve a marriage, and may adjudge a marriage to be null and void when the cause alleged constitutes an impediment rendering the marriage void."  In other words, an annulment is available only when the marriage would have been void in the first place.  A.R.S. Section 25-101 defines void and prohibited marriages as incestuous marriages (brothers and sisters, parent and child, first cousins under the age of 65, etc.).  Coerced marriages and marriages entered into for fraudulent means may also be declared void.  If your marriage is not void, you will need to obtain a divorce to end it.  You can do a simple divorce on your own by using the forms and instructions in the family law section of the court's self-help center.  The Superior Court's self-help center has forms and instructions for filing and serving documents. You will find the self-help center at http://www.azcourts.gov/.