An annulment is very similar to a divorce and is a court process that terminates the marriage. However, an annulment treats the marriage like it never occurred to begin with. As long as the marriage meets the requirements set by law, then the couple can have this very quick termination of it and go on with their lives as if they never married one another.
When A Marriage Can Be Annulled
A marriage may be annulled if the following criteria are met:
- One person was not able to give voluntary consent to the marriage at the time it took place because they had a mental illness or reduced mental incapacity and the other party was not aware.
- The party was not able to consummate the marriage and this was not known by the other party at the time of the marriage.
- One of the parties was not of legal age, which means they were under the age of 18 or ages 16 or 17 without the consent of their legal parent or guardian or a court approved application by a judge from juvenile court.
If any of these factors exist, it can be ideal to utilize the services of a Delano family law attorney. In addition, the annulment decision could be affected if the husband and wife lived together after the marriage and the party unaware of the incapacities continued to live with that person even after learning of them.
Divorce Vs. Legal Separation
Separation is the first phase of a divorce because the two of you are living apart. A couple doesn’t have to file court documents in order to separate. All on spouse has to do is move out. However, your legal rights may be affected by separating and it is ideal that you speak to your Delano divorce lawyer before you do separate.
If separation takes place, you will need to arrange for financial support, care of the children, bills to be paid, and one or both of you will need divorce attorneys depending upon if the divorce will be contested or uncontested. However, you don’t have to be separated before you divorce. But once the petition for divorce is filed in District Court, you are legally separated. The process of getting a legal separation takes about as long as it takes to get a divorce, so some couples skip it and go directly for the divorce. It also costs as much, if not more, than a divorce.
Nonetheless, there are ways in which legal separation and divorce are similar because they both include custody and parenting time, as well as child support. One spouse may also be required to pay the other spousal support. The judge may even issue an order that divides the marital assets and debts.
Contact A Delano Divorce Lawyer
If you need to have your marriage terminated through annulment or divorce or you need a legal separation for the time being, we can help you. We have the expertise, the knowledge, and we will dedicate ourselves to your case to ensure the best possible outcome for you. To get started, call us at (952) 898-6834 or fill out our contact form for your free initial consultation.