What Is The Difference Between Divorce, Legal Separation and Annulment?
Some states allows legal separation or annulment in place of dissolution of marriage (divorce).
These are two court processes that lead to a de facto end of a marriage.
However, they are very different from each other.
Consider the following differences in procedures, expenses, advantages, and disadvantages of both processes: Divorce vs.
Legal Separation Legal separation looks a lot like divorce, but the parties to a separation are not free to remarry.
Most people who consider legal separation would likely benefit more from dissolution.
That is because a separation requires all the same legal work as dissolution of marriage.
It is usually not cheaper.
It requires division of assets, parenting plans for any children involved, etc.
However, most parties will eventually seek dissolution at some point after a separation, which means additional legal fees and court costs.
Legal separation may be right for couples who do not wish to formally terminate the legal marriage due to religious restrictions, or because of concerns about availability of spousal benefits such as insurance.
However, some insurance policies do not cover a spouse following a legal separation.
Annulment Some state statutes define annulment as a declaration of invalidity.
Accordingly, it is only granted if the marriage is found to be invalid from its beginning.
An example of an invalid marriage is if one of the parties was under age at the time of the marriage.
If a marriage is declared invalid, it is treated as if it never happened.
If you think your marriage was invalid for some reason, you should know that the law sets out a very specific set of circumstances that can invalidate a marriage.
There are also time deadlines that apply which may limit a party's ability to have a marriage annulled, and even where a marriage is declared invalid, other legal arguments may further complicate the issue, including common law marriage.
These are two court processes that lead to a de facto end of a marriage.
However, they are very different from each other.
Consider the following differences in procedures, expenses, advantages, and disadvantages of both processes: Divorce vs.
Legal Separation Legal separation looks a lot like divorce, but the parties to a separation are not free to remarry.
Most people who consider legal separation would likely benefit more from dissolution.
That is because a separation requires all the same legal work as dissolution of marriage.
It is usually not cheaper.
It requires division of assets, parenting plans for any children involved, etc.
However, most parties will eventually seek dissolution at some point after a separation, which means additional legal fees and court costs.
Legal separation may be right for couples who do not wish to formally terminate the legal marriage due to religious restrictions, or because of concerns about availability of spousal benefits such as insurance.
However, some insurance policies do not cover a spouse following a legal separation.
Annulment Some state statutes define annulment as a declaration of invalidity.
Accordingly, it is only granted if the marriage is found to be invalid from its beginning.
An example of an invalid marriage is if one of the parties was under age at the time of the marriage.
If a marriage is declared invalid, it is treated as if it never happened.
If you think your marriage was invalid for some reason, you should know that the law sets out a very specific set of circumstances that can invalidate a marriage.
There are also time deadlines that apply which may limit a party's ability to have a marriage annulled, and even where a marriage is declared invalid, other legal arguments may further complicate the issue, including common law marriage.
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