Family Law

questions & answers

Question: I'm 15 week pregnant my Hasband is already married he Chet with me and he did raligius marriage with me .i have right to take his half property

Answer:

When is a person guilty of bigamy?

A person having a spouse living who knowingly marries any other person is guilty of a class 5 felony. A.R.S 13-3606. http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03606.htm&Title=13&DocType=ARS

A person is not guilty of bigamy if their previous spouse by the former marriage has been absent for five continuous years, and they believe that the person passed away nor to any person whose former marriage has been pronounced void, annulled or dissolved by judgment of a competent court. A.R.S. 13-3606.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03606.htm&Title=13&DocType=ARS

Void Marriage

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. Common reasons for a marriage to be considered voidable under A.R.S § 25-301 are:
? bigamy (ex: undisclosed prior marriage
? Underage party (ex: marrying a minor)
? Marriage between relatives (ex: cousins)
? Lack of mental or physical capacity
? Intoxication (lack of mental capacity)
? Absence of a valid marriage license
? Marriage due to threat or duress
? Refusal to consummate the marriage
? Fraud or misrepresentation of religion

If any impediments to marriage are present, the parties can choose to annul the marriage or they can try to fix the problems and continue the marriage. For example with bigamy the person who has the prior marriage can divorce the person and then the present marriage would be intact.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00301.htm&Title=25&DocType=ARS

Invalid Marriage

State laws vary on the subject of bigamous marriages, but a bigamous marriage is not a valid one even if both parties entered into the marriage in good faith and believe that a previous marriage was successfully dissolved. http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00301.htm&Title=25&DocType=ARS

Criminal Sanctions

In the event,  that a bigamous marriage actually exists and is prosecuted on, punishment can range from ½ a year to a year and a half of imprisonment , as well as a fine of up to $150,0004.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03606.htm&Title=13&DocType=ARS

Child support and Property Rights

The Arizona court that hears the annulment case will also determine parentage and enter custody and child support orders. In Arizona, According to Arizona law, the courts must divide the property of the spouses when it annuls a marriage. http://www.divorcenet.com/resources/annulment/annulment-basics/Arizona