Sandy, UT asked in Family Law, Arbitration / Mediation Law and Libel & Slander for Arizona

Q: If your husband uses fraud as a reason for annulment will that link your name in docs legally to fraud?

Should you fight the reason if it isn't fair even if you both just want it to be over.

1 Lawyer Answer
Rich J. Peters
Rich J. Peters
  • Phoenix, AZ
  • Licensed in Arizona

A: Using the word fraud in a petition for annulment is very common, and is not necessarily accusing you of anything illegal. To obtain an annulment, he must allege and prove that there was some legal impediment to the marriage. By using the word fraud, he is alleging that there is something he found out after marriage that, had he known prior to marriage, he would not have married you.

So, while I am not worried about the word fraud, it is nonetheless very important that you decide how annulment might affect you versus a standard divorce. Whether you proceed by divorce or annulment WILL impact the division of property and debt that was accumulated during the marriage. If the marriage is annulled, there is a different division than if the marriage is dissolved, since no "community property" is accumulated if the marriage is annulled.

Also, a Decree of Annulment creates the fiction that you were never married, and thus eliminates the potential award of spousal maintenance.

SO, it is of course wise to consider the financial impact of proceeding in one manner versus another.

A qualified and experienced family law attorney can of course assist you in considering your options

and then getting where you need to be. Most of us offer free, 1/2 hour consultations, in which your

matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your

matter and develop a plan. I would encourage you to quickly schedule this free consultation.

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