Legal Question in Family Law in Arizona
Annulment or divorce?
My husband and I were married and
lived together for only 6 weeks. He has
some major family issues that he
couldnt hande, moved out and is now
planning on moving out of state. Is it
best to get a divorce or an annulment?
We both agree we want it done as
quickly as possible. Also, can I file head
of household on my taxes? His income
was really not much of a contributing
factor for me and we only shared a
home for 6 weeks.
1 Answer from Attorneys
Re: Annulment or divorce?
1. The time involved in getting an annulment or a divorce is pretty much the same and both require court action. It will be easier for you if you get the court action started and get notice, in the form of a summons, served on him before he moves out of state. If you are both in agreement, it may be possible to get him served and have him sign off on a stipulated decree order. Then you just have to wait out the time periods to file the stipulation is court. Check out the Arizona Statutes under Title 25 at http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp for information about an annulment or divorce. Arizona is a �no fault� divorce state, you don�t have to allege that one person did something wrong to end the marriage. You can consult with or hire a local attorney. There are FREE FORMS in the web http://www.supreme.state.az.us/nav2/selfserv.htm with instructions on filing requirements and timelines. There is normally a fee that has to be paid to the clerk of the court at the time you file, unless you qualify for a FEE WAIVER. See the sample forms or ask the clerk for a waiver form. 2. You didn�t mention if there were any children, there are more issues and possible mediation if children are involved, but the process is very similar. 3. You should talk with him about the tax matters; I assume he would have to agree that you have paid most of the bills and should file separately. Since the divorce, even if filed this week, wouldn�t be completed until 2007, you should consider filing for 2006 as married but filing separately. You didn�t anticipate claiming your husband as a part of your household, did you? It wasn�t clear from your question, but I assume you would claim yourself and any children, but not your husband. Good Luck,