When you got married, you promised to stick to your spouse “for richer and for poorer, in sickness and in health, until death do you part.” You live in marital bliss for years. Then you just wake up and your marriage is already falling apart. Next thing you know, you are calling divorce lawyers and signaling the end of your marriage.
For happily married couples, this is the last thing they want to happen. But for others, it may be an inevitable decision they have to make. Unfortunately, divorce has been a normal thing — at least in the US. But then, you also hear about separation and annulment.
Before that, it is important to note that divorce, separation, and annulment are not the same. Here’s what you need to know about these terms.
What is divorce?
Divorce refers to the end of a marriage that does not involve the death of either spouse. It is a tedious legal process that makes the marriage dissolved. Once the divorce case is done, both parties can have their new relationships, end up in a domestic partnership, or get married again.
During the course of a divorce, issues involving the couple should be settled. This includes child custody, property and asset distribution, and spousal support. In such cases, you should hire child custody lawyers to handle child-related issues. Meanwhile, spousal support lawyers will help spouses with financial constraints get support from their ex-spouses.
Divorce can either be “fault-based” or “no-fault”. Spouses can file for the former if there are reasons why the marriage ended. This includes:
- Domestic violence/abuse
- Alcohol/drug abuse
- Abandonment
- Adultery
On the other hand, spouses can opt for the latter if both parties do not blame one another for the dissolution of their marriage. Common reasons include irreconcilable differences and loss of affection/intimacy.
What is separation?
Separation is different from divorce. Both can mean the spouses are already living away from each other. However, the difference is that you are still legally married when you are separated. In a divorce, your marriage is completely dissolved.
Divorce lawyers don’t recommend a spouse to enter into a romantic relationship when legally separated. On the contrary, you cannot prevent anyone to find company at some point in their lives. However, you are still legally bound with your ex-spouse.
There are three types of separation, namely:
- Trial separation
You live away from each other while contemplating whether you’ll divorce or reconcile. Both of you are still legally married and joint property ownership still applies. It can be a crucial time as it will make or break your marriage.
- Permanent separation
Unlike trial separation, you are considered permanently separated if you have no plans to reconcile with your spouse. This set-up may most likely end up in divorce. Property rights can change between the ex-couple. You won’t be entitled to get property, asset, and income sharing your spouse has, and vice versa.
- Legal separation
It is almost the same as divorce, only that you’re not divorced and cannot remarry. However, property distribution, spousal support, and child support issues settlement is similar to divorce.
It is also a choice of some individuals out of religious beliefs. Since they cannot remarry, they will remain their children’s only parents (no stepmoms and stepdads at this point). Top rated divorce lawyers can help settle these concerns.
What is annulment?
When a marriage is annulled, it means it is null and void. In other words, marriage is treated as invalid due to different grounds. Hence, an annulled marriage is deemed non-existent or never happened.
Annulment can be filed in case of the following instances:
- One or both spouse were underage during marriage.
- The marriage was done out of force or deceit.
- The marriage was a result of the influence of alcohol or drugs.
- One or both spouses were legally married prior to the current marriage.
The same results following annulment are similar as divorce. Both parties can have a new relationship, enter a domestic partnership, or remarry. Likewise, child custody, asset distribution, and spousal support will be settled as well. Spousal support lawyers and child custody lawyers will help you settle these issues.
What is the best choice for you?
Choosing between the three depends on your decision. It may be influenced by personal or religious beliefs. Also, it depends on your local state’s legal law. Hiring the best divorce lawyers in Fairfax VA can help guide you through the tedious legal procedures.
