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

Pima County

Coconino County

Yavapai County