DivorceThe dissolution of a marriage can be very painful and sometimes it is difficult to know which course to take. Having a knowledgeable attorney on your side can help ensure that this process goes as smoothly as possible, and that you end up with what you need. The first decision that will need to be made is whether you are seeking a divorce, an annulment or a legal separation.
A divorce is the most common way to end a marriage and there are several subcategories to choose from when filing.
- No-Fault Divorce – Either party can file for this type of divorce and no reason needs to be given. Parties can simply cite “irreconcilable differences.”
- At-Fault Divorce – Although every state offers some form of no-fault divorce, sometimes an at-fault divorce is more appropriate. At-fault divorces place blame on one of the spouses and this can affect property and custody decisions.
- Contested Divorce – This is when the responding spouse disagrees with the terms set forth by the petitioning spouse. The court will have to help them come to an agreement.
- Uncontested Divorce – This simply means the filing spouse sets forth the terms of the divorce and the other spouse does not contest them. Both at-fault and no-fault divorces can be uncontested.
- Collaborative Divorce – The two parties come to an agreement on the terms of their divorce with the help of their lawyers without going to court
- Mediated Divorce – The parties involved forgo the use of lawyers and meet with a mutual mediator to come to agreeable terms for their divorce.
Annulment
An annulment is very rare but is available in limited situations. Annulment is granted when the court determines that the marriage was never valid. Reasons that the court may determine a marriage null and void include one party was already married, incompetent mental status (such as intoxication) at the time of the marriage, if one party lied or misrepresented important information, or failure to consummate the marriage. Unless a couple qualifies in some way for an annulment, they will have to file for a divorce to dissolve the marriage.
Separation
In some cases, a couple may wish to live separately but do not wish to dissolve the marriage. They can file for a legal separation to specify under what parameters their relationship will function with regards to custody, property and debt repayment. Couples may choose this option if they need to stay married to qualify for health insurance or for tax purposes. They may also choose this option if they need to stay married for a minimum of ten years so their spouse can collect military or social security benefits associated with their partner.