Legal Question in Family Law in Arizona
annulment?
My husband married me on 9-2-94 in Arizona. We later found out his previous divorce from someone else was finalized on 9-29-94. We need to know what do we do to correct this situation. Do we get our marriage annuled? We also have 2 children together. Thank you for any advice.
3 Answers from Attorneys
Re: annulment?
Assuming that you wish to stay married, I would have a simple civil ceremony to correct the record and never say another word about it.
Re: annulment?
I don't know what the law is in Arizona but in Virginia your marriage would be considered void ab initio, i.e., void from the beginning.
Therefore, theoretically at least, there is no need to seek an annulment. As a matter of practicality clients occasionally seek a divorce or annulment anyway in case they remarry someone else in the future.
If you intend to marry the same spouse and are SURE the divorce is now final, go ahead and remarry.
Re: annulment?
In Arizona, your "second" marriage legally did not even occur, since your Husband had no "capacity" to marry. Thus, he needs to insure that the first marriage was in fact dissolved BY COURT ORDER. Then, he is legally capable of remarrying.
Call me with any further questions.
/s/ RICH J. PETERS, Attorney
JON C. DAKE & ASSOCIATES
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