Legal Question in Family Law in Arizona

I know this sounds crazy to ask, but I was wondering if an Arizona divorce can be changed to an annulment, and if so, what is the process to go about doing so?

Here's the situation: my husband and his ex-wife got divorced over 5 years ago.They were married for 9 years, had 3 children together, and separated (while waiting for a divorce) for 2 years.

He didn't know what his options were at the time, so he automatically applied for a divorce. His ex-wife has mental/emotional health issues, most of which she knew about going into the marriage (for example, tried to commit suicide when she was a teenager, and tried to do it later when she was married to my husband, etc.). I have heard of annulment cases being granted on grounds of mental/emotional illness. His ex-wife was abused as a child, but conveniently never told my husband before they were married. She lied and made up excuses for her unstable behavior. My husband felt lied to and betrayed because vital information about her--that she knew about but never said anything--was withheld from him. He would have never married her if he had known about her mental/emotional illnesses (depression, borderline personality, etc.).

So is it possible to change a divorce to an annulment? Has this ever been done before? And if so, what is the process?


Asked on 5/12/10, 7:35 am

1 Answer from Attorneys
Rich Peters R.J. Peters & Assoc., P.C.

I really doubt that it can eb changed. BUT, IF YOU TRULY WANT TO TRY KNOWING THAT THE CHANCES ARE SLIM, I would be willing to try. The Motion could be filed as a "Motion to Set Aside/Modify Decree".

Please call me directly if you want to discuss further.

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 5/20/10, 1:40 pm


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