No one gets into a marriage expecting it to fail but sometimes the inevitable happens. If a marriage has to end, there are two ways in which this may happen legally. A marriage may end through either a divorce, or an annulment. If the partners want time apart they can do that through a legal separation. A legal separation is where the couple is separated but they are not allowed to start another marriage during that period since legally the marriage has not ended. The partners in a legal separation are also not allowed to enter into a domestic partnership with other people.
Divorce A divorce is a legal decree that ends a marriage. There are two kinds of divorces one known as a no-fault divorce while the other is a fault based divorce. For a no-fault divorce both parties agree to end the marriage without either one of them placing the fault on the other. When it comes to a fault based divorce, one of the parties in the marriage places blame on the other basing their need for a divorce on that. The most common causes of divorce today are adultery, desertion and abuse whether physical or emotional. There are many rules governing divorce cases which may vary from state to state. After a divorce happens, the court then decides on division of assets, debts, child support, child custody, and alimony. After a divorce, the parties are declared single and are free to get into another marriage. Annulment of marriage An annulment of marriage happens when the marriage is declared null and void. This is like it never happened at all. This is only done when the court finds that the marriage was invalid in the first place. The court also decides on issues to do with child custody, alimony, child support and division of assets. There are many reasons why a court may decide to annul a marriage. Amongst those reasons are; bigamy, incest, forced consent, fraud, mental illness, inability to consummate, underage marriage and if either one of the partners was under the influence of drugs or alcohol. After a marriage is annulled both parties are declared single and can remarry or be in a domestic partnership. Deciding which ones is the best option for the couple really depends on the circumstances in which they are in. Getting a divorce especially when it is a fault based divorce is a daunting process especially because the court will require proof that whatever allegations made are true before they can grant the divorce. Many couples may choose to seek the services of a lawyer to get them through the process. There are a lot of legal processes, paperwork and court sessions involved in a divorce and annulment.
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