Annulment - Several questions....

[Mixtli]

I am a 24 year resident of Arizona. I have searched posts, but still have a few questions.

I have been in the military for 6 years and got married during that time. My wife was also military. During the time of the marriage my wife was going through harsh harrassment at work, which was very intensive. She spent weeks with JAG attourneys. I thought what we had was sincere. Shortly after our marriage she attempteed suicide. She was treated in a Psyc Ward. The diagnosis caused her to be discharged, the treatment freed her mind, and destroyed our marriage. I honestly beleive she was not capable to make the right decision at the time and due to the situation, felt secure with me until after her treatment. I feel a strong case for Annulment.

We have no property, no children, no debts, and she does not contest the annulment at all. She lives in West Virginia. I live in Arizona. We were married in Maryland where we were stationed at the time. I already have all the forms I need(I think) and have been doing some homework before filling them out.

1) Do I need to do any legal work with the MD or WV courts? Or do I just file everything with AZ since I am a resident here?

2) Default Period? I read that the default period for personal service outside of AZ is 36 days. Does this mean that even if she signs the Acceptance of Service form, I will still have to wait the full 36 days to turn it in and continue?

3) She does not contest this. I'm sure she will sign the Acceptance of Service form 500 if I send it to her. Will this need to go to a court hearing, or can we do it by mail? Do we need to gather documents from her Psyc Treatment, or from the harrasments situations(which I think is irrelevant?)

4) Does this case look like one that will be difficult? I can handle the forms and filing process, but will I need serious Legal Assistance from a lawyer on this matter?

Thats all I can think of for now. Wow trying to word these questions right is kind of helping me understand the process more. If you have any other advice it would be appreciated. Thank you in advance for your help.

 

[I AM ALWAYS LIABLE]

I am a 24 year resident of Arizona. I have searched posts, but still have a few questions.

I have been in the military for 6 years and got married during that time. My wife was also military. During the time of the marriage my wife was going through harsh harrassment at work, which was very intensive. She spent weeks with JAG attourneys. I thought what we had was sincere. Shortly after our marriage she attempteed suicide. She was treated in a Psyc Ward. The diagnosis caused her to be discharged, the treatment freed her mind, and destroyed our marriage. I honestly beleive she was not capable to make the right decision at the time and due to the situation, felt secure with me until after her treatment. I feel a strong case for Annulment.

We have no property, no children, no debts, and she does not contest the annulment at all. She lives in West Virginia. I live in Arizona. We were married in Maryland where we were stationed at the time. I already have all the forms I need(I think) and have been doing some homework before filling them out.

1) Do I need to do any legal work with the MD or WV courts? Or do I just file everything with AZ since I am a resident here?

2) Default Period? I read that the default period for personal service outside of AZ is 36 days. Does this mean that even if she signs the Acceptance of Service form, I will still have to wait the full 36 days to turn it in and continue?

3) She does not contest this. I'm sure she will sign the Acceptance of Service form 500 if I send it to her. Will this need to go to a court hearing, or can we do it by mail? Do we need to gather documents from her Psyc Treatment, or from the harrasments situations(which I think is irrelevant?)

4) Does this case look like one that will be difficult? I can handle the forms and filing process, but will I need serious Legal Assistance from a lawyer on this matter?

Thats all I can think of for now. Wow trying to word these questions right is kind of helping me understand the process more. If you have any other advice it would be appreciated. Thank you in advance for your help.

My response:

You say that she doesn't contest getting an annulment. Terrific. What are your grounds for an Annulment?

Arizona Statute 25-301. Grounds

"Superior courts may dissolve a marriage, and may adjudge a marriage to be null and void when the cause alleged constitutes an impediment rendering the marriage void."

What was the "impediment" to your marriage to her, "at the very moment" she said "I do" ?

We'll get to your questions as soon as we clear up this little problem.

IAAL

 

[Mixtli]

Impedement

The grounds would be that at the time of marriage, due to her mental state, she lacked the legal capacity to consent to marriage. She was working in an extremely negative enviroment and was in a mental state of depression whereas she could feel safe with me. She did undergo psychiatric treatment, which obviously altered her state of mind. After the treatment she was not the person I knew, and at that point she realized she had made the wrong choice. Me being one not to give up demanded that we try to work things out and continue our marriage, but nothing has changed since the day she came home from the clinic. This is a peaceful situation between us, but there is absolutely no hope to continue the marriage.

So the "impedement" is that when she agreed to marry me, she was in a mental state such that the requisite legal capacity to consent to marriage was lacking. I did not know that at the time, and it wasn't until the admittance to the clinic that it became apparent.

 

[I AM ALWAYS LIABLE]

Re: Impedement

The grounds would be that at the time of marriage, due to her mental state, she lacked the legal capacity to consent to marriage. She was working in an extremely negative enviroment and was in a mental state of depression whereas she could feel safe with me. She did undergo psychiatric treatment, which obviously altered her state of mind. After the treatment she was not the person I knew, and at that point she realized she had made the wrong choice. Me being one not to give up demanded that we try to work things out and continue our marriage, but nothing has changed since the day she came home from the clinic. This is a peaceful situation between us, but there is absolutely no hope to continue the marriage.

So the "impedement" is that when she agreed to marry me, she was in a mental state such that the requisite legal capacity to consent to marriage was lacking. I did not know that at the time, and it wasn't until the admittance to the clinic that it became apparent.

My response:

Is this your opinion, or do you have a doctor's report that says that she was incompetent on the date of your marriage ?

People can be "depressed" and suffer from all sorts of mental maladies, but still have the capacity to marry.

If you don't have anything from a professional; e.g., psychiatrist, that says she was "wacko" on the date of your marriage, it's a "standard divorce" for you.

IAAL

 

[Mixtli]

Well I suppose you inadvertently answered a few of my questions. Only I had hoped the aswer would be opposite. I guess it's time to start calling her doctors to get some professinal documents. Also I guess I should be calling a local lawyer to sort out this 'grounds' issue. Thanks for the advice; Ill bug you some more if I get past this obstacle. hehe

 

[I AM ALWAYS LIABLE]

My response:

Unfortunately, and due to Constitutional privacy issues (Doctor/Patient Privilege), you won't be able to get her medical records - - not unless she gives you written authority.

So, if you can't get those records, it looks like a Standard Divorce is in your future, because Annulment on the ground of "Incompetence" will be impossible to prove to a court.

And, it wasn't "inadvertence" on my part. I was purposefully leading you to this result.

IAAL