Gibbons Law Firm: Divorce, Legal Separation and Annulment

Given that the word “Divorce” is frequently mentioned when discussing the official separation of spouses, it is the term we largely refer to. However, there are other ways for couples to achieve a legal farewell, be it for a term or indefinitely. Going through a matter of separation can be difficult and the divorce attorney at Gibbons Law Firm is here to answer your questions and talk about your options. Here, we will review the differences between divorce and annulment as well as legal separation.

What is a divorce?

A divorce, also known as a dissolution of marriage, is a legal procedure through which a valid marriage is ended. Following a divorce, your marital status will be returned to single and you can marry again. During a divorce, other matters such as child custody, child support, alimony and division of property can be addressed by a judge.

What are grounds for divorce?

The grounds for filing for a divorce include, adultery, routine drug or alcohol abuse and desertion. All states allow for a “no fault” divorce in which couples can simply state “irreconcilable differences,” meaning incompatibility, as a reason for their separation.

What is an annulment?

An annulment, also known as a nullity of marriage, is a legal procedure for declaring that a marriage is null and void. A court has cited that your marriage is not legally valid and that the marriage is to be considered invalid from the beginning, as if the marriage never took place initially.

What are the grounds for annulment?

Again, these laws vary from state to state, but typically, an annulment will be granted if the marriage was established under misrepresentation, fraud or force, there was a concealment of facts (like, being already married or underage), or if the spouses are closely related. Annulments are rare and the time limit varies by state. If your hope is to be granted an annulment, you will have to go to a hearing with a judge.

What is legal separation?

A legal separation is an arrangement following a court order, by which the couple are still married but live apart. A legal separation does not end a marriage and you cannot enter into a new marriage while you are legally separated but not divorced.

When is legal separation an option?

A legal separation is often an option for couples that do not want to peruse a divorce, but choose to live apart. If a divorce is being deliberated or arranged, couples may need time to make decisions on money, property, custody and/or parenting concerns prior to the divorce proceedings. You may be able to amend the legal separation at a later date. With a legal separation, judges may make orders on things like child support, custody arrangements and domestic situations as they would in a divorce case.

There are options to consider when contemplating a future without a current spouse or partner. A divorce, annulment or legal separation may be needed in your circumstances and Gibbons Law Firm at the Lake of theOzarks assists clients with all types of family law. We can aid you in your case and provide you with the needed advice as you hope for a successful outcome. Please contact us and make an appointment today.