Orangeburg, NY Divorce Law Firms & Lawyers

It depends on what you mean by a "Final Hearing." There is no such appearance in the normal course of a divorce case in New York. Generally, though, all parties must appear at all conferences or other scheduled appearances.

In New York, an action may be maintained for an annulment of a marriage only on certain specified grounds.  Those grounds are (1) that the marriage is bigamous, i.e. that the party was married before and did not get divorced and the former spouse is still alive; (2) that one party was under the age of consent; (3) that one party was mentally retarded or mentally ill; (3) that one party was physically incapacitated at the time of marriage; (4) consent of one of the parties was obtained by force, duress or fraud; (5) incurable mental illness for five years.  Divorce can now be maintained in New York due to an "irretrievable breakdown" of the marriage for a period of six months. It is easier to get divorced in New York due to the easier grounds and ability to obtain such a divorce if the party simply defaults on the service of the summons and complaint.  This may not be true in an annulment where a higher level of proof is necessary. Before you undertake any such divorce or annulment, an experienced attorney in your area should be consulted. - Alfred Polizzotto, III

A case can be filed in NY by either one of you. I suggest you check with an Arizona attorney to see if you can commence an action in Arizona. Different laws may apply depending on the state. You may wish to look into your rights under the laws of both states.