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As an alternative to a divorce, either spouse can file a petition for legal separation or a petition for annulment. Let’s discuss how each of these is different than a divorce. Simply click on the link below to learn about each:
LEGAL SEPARATION – WHAT IS IT AND HOW DOES IT DIFFER FROM A DIVORCE?
A legal separation judgment does not end either spouse’s marital status. You remain married. That is why it is often a good alternative when the spouses have had a breakdown in their marriage but for religious or other personal reasons neither wants the legal status relationship of being married terminated.
Legal separation is also helpful when a divorce would cause either spouse to lose their eligibility for medical insurance.
In addition, if one spouse at any time decides he or she wishes to obtain a divorce, he or she can convert the legal separation action to a divorce action. If both parties do not agree to a legal separation and one wants a divorce, legal separation cannot be granted.
Finally, the six-months/three-months residence requirements to divorce judgment do not apply to a legal separation proceeding. Therefore, either spouse can file a legal separation action and then, when that spouse has met the residency requirement, he or she can change the legal separation proceeding to a divorce.
Other than that, there are few important differences between legal separation and divorce. That is because a legal separation judgment resolves support, custody, visitation and each spouse’s community property rights and obligations.
ANNULMENT – CAN YOU ANNUL YOUR MARRIAGE?
A spouse (typically but not always the one who was the victim of the other spouse’s conduct) can seek an annulment (also called a “nullity”) for the following reasons:
1. A spouse can annul a marriage based on being a minor at the time of the marriage. The spouse that was under 18 must file the petition within four years after reaching the age of 18 or a parent, guardian, conservator or other person having charge of the minor at any time before the married minor becomes 18.
2. A spouse can also annul a marriage based on a prior existing marriage (bigamy). This can be brought by either party during the life of the other or the former spouse.
3. A spouse can annul a marriage based on "unsound mind".
4. Fraud is another basis that the court could annul a marriage. This may be brought only by the spouse whose consent was obtained by fraud and this petition must be filed within four years after discovery of the facts constituting the fraud.
5. While an unusual ground in this day and age, a spouse can annul a marriage based on a claim of “force”. This too must be filed with the court within four years after the marriage.
6. Finally, “physical incapacity” is also a valid basis for seeking an annulment. However, this petition must also be filed by the "injured party" within four years after the marriage.
Annulments are difficult to obtain but if you believe you have a valid ground for an annulment, contact us and our divorce and family law lawyers can evaluate your facts.
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