In case of annulment, you must indicate the specific reasons or the reason why the marriage contract is void or voidable. Conversely, this is not necessary in the event of divorce or legal separation. Unlike divorce and separation, annulment requires you to prove one of these situations. Cancellations are much more difficult to illustrate and require an experienced divorce lawyer. In addition, there are also strict limitation periods for cancellations. As a rule, this is within four years of marriage. A lawyer can guide you through the details of your situation. Here are some important differences between divorce, annulment, and legal separation: A divorce is also known as dissolution of marriage. It lives up to its name because you are essentially severing the legal relationship between you and your spouse. A divorce ends the marriage permanently.
After that, you are again considered single, so you can remarry or become a domestic partner. During a divorce, you and your spouse decide how to divide the property and determine custody of all the children you have. If you`re not happy in a marriage, you have options – like divorce, annulment, or legal separation. A divorce legally terminates a marriage, while a legal separation court order allows couples to live separately or separately while remaining legally married. Conversely, an annulment declares the marriage null and void as if it had never taken place. An in-person interview with an experienced family law attorney in Kansas is crucial to assess your unique situation and determine the best option for you and your spouse. To obtain a divorce or legal separation in Kansas, one of the spouses must have lived in the state for at least 60 days before filing. On the other hand, nullities have no residency requirements.
Here, we look at the differences in the legal concept of divorce and annulment in the first part of our three-part divorce series titled Deeper Dive: Understanding Legal Divorce. If you are legally separated, you have the option to change the order in the future and divorce legally. Many couples opt for legal separation because their religion prevents them from divorcing. Unlike a divorce, which involves a waiting period of six months, legal separation takes effect immediately. The procedure for obtaining a divorce and the procedure for obtaining a declaration of annulment are similar. A spouse submits an application to the court, a hearing is held and the judge makes an order. In general, a divorce begins with an application for divorce, regardless of your state of residence. The application is drafted by the requesting spouse (or his or her legal counsel) and served on the other spouse. It is then deposited in the district where one of the spouses resides, regardless of where the marriage was made. Although it is not mandatory to hire a lawyer before a divorce, legal separation or annulment is obtained, it is highly recommended. Consider the legal complexity of custody, alimony, and asset division – all of which rely heavily on understanding the law and your rights.
If you are granted a cancellation, you can remarry or enter into a domestic partnership, and you can share custody and visitation rights. Unlike divorces and separations, cancellations generally do not allow for the division of property and money. Because you claim that the marriage was never valid, you are also renouncing your common property rights. A conversation with you, your spouse, and a lawyer can help you choose between these three options. You may think that you want a divorce to complete the dissolution of the marriage, when in reality a separation or annulment of the marriage would be a better choice for your situation. Talk to a family law lawyer for legal advice before making your choice. Contact us online or call us at (610) 692-8700 to book a personal consultation. In general, States will only grant cancellations in certain circumstances. One reason for this is to prevent couples from circumventing divorce laws, as these laws are designed to protect spouses.
For example, if one spouse works and the other spouse stays at home to provide custody of the children, divorce laws are designed to ensure that the spouse who may have sacrificed his or her career to care for the children is not left without funds to feed himself and his or her children in the event of divorce. In case of cancellation, any jointly acquired property must continue to be distributed. However, the duration of marriage in these cases is usually much shorter than in divorce cases, which means that the parties seeking annulment have generally not sacrificed their earning capacity by relying on their partner to the same extent as in other marriages. The legal justifications for annulment vary from state to state. Some of the most common reasons are: Legal separation or separate child support in Kansas allows couples to live separately while remaining legally married. Unlike divorce, legal separation does not officially end the marriage. Nevertheless, couples applying for separate support must provide a legally acceptable reason and meet the state`s residency requirements. Both parties will work together to create the best separation arrangement for their family. Annulments are particularly interesting because they are filed on the grounds that the marriage was not legally valid. There are several reasons why this could be the case: It`s important to talk to an experienced lawyer if you`re considering separation, divorce, or annulment. Boyd Law San Diego, CA Family law attorneys have extensive combined experience in a wide range of California divorce laws.