Legal Question in Family Law in Arizona
annulment question
I recently discovered that my husband was not divorced from his first wife when we
married in 94. He went behind my back several months after we married to
California and got his divorce finalized. On the divorce decree the judge marked it
retro (can't remember the legal term) for 1/1994 which would make it before we
married in October. Can I still get an annulment? Legally he was not capable of
marrying me because he was still married. Will his divorce decree stamped (retro) matter to the judge for annulment purposes. Is annulment better for me in terms of financial responsibility for debts that were even incurred before we even met? He has massive tax debt from before we were married. I did not work while we were married except for a few months several years ago. I have been attending school off and on and I want to return to my maiden name and not have to be responsible for his financial problems. Is there a way to get a new social security number as well? His ex wife has mental problems and she has stolen our mail before, gotten my social security number and used it to try to get our utilities shut off and God knows what else. I appreciate any help...
2 Answers from Attorneys
Re: annulment question
Thank you for your inquiry.
Your annulment question has two different possibilities. Technically, your husband was stil married when he married you, so the marriage should be considered void (appropriate for an annulment); however, because the divorce decree is pre-dated to before your marriage, he could argue that the defect was cured.
In any event, whether you file for an annulment or for a divorce, the procedure is the same. Your rights under each are somewhat different. In an annulment, it will be as though you were never married. Therefore, there would be no right to spousal maintenance, and no community property theory of assets and debts. Also, if you have children, it will be as though they were born out of wedlock.
Either way, you are not responsible for his debts prior to your "marriage." These are sole and separate. Your choice of filing for annulment or divorce might depend on whether you have children, and whether you have obtained assets and incurred debts during the "marriage."
You are entitled to return to your maiden name in both an annulment and a divorce.
I don't know if you can get a new social security number; that is something you should contact the social security administration about. You could also contact the police to see if they can charge her with impersonating you, and you might want to get an Injunction Against Harassment against her to try to prevent future incidents.
If you would like to discuss this matter in greater detail, please feel free to contact me. I can be reached at (480) 792-9770 or [email protected].
Monica Donaldson
Re: annulment question
If he was already married when you and he purported to marriage, then your marriage never actually took place under Arizona law. It is very unique that a Judge made a divorce made a Decree "retroactive". I am not sure how an Arizona Judge would treat such an order.
Since your marriage never took place, there is no marriage to annul. The simple fact is that you were never married, and any debts he incurred would be his sole and separate debt. It would be wise, however, to get a Court Order which reflects that the marriage was never valid.
In the event a Judge decides the marriage WAS valid, than an annulment would have the same effect re: debts.
I have no idea as to how to get a new social security number. That is outside my field.
Please call me directly if you would like further assistance.
/s/ Rich J. Peters, Attorney
JON C. DAKE & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
602.254-1229 (facsimile)
see our web page at www.familylawaz.com
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