When the unexpected occurs, and you no longer wish to be married, you have several legal options. Deciding which of those options is best for you often requires the assistance of a divorce lawyer. A divorce attorney can examine your legal recourse choices and give you an informed recommendation of which decision will best suit your preferences and needs. In particular, a family lawyer can advise you on whether you should seek an annulment, separation, or divorce. The following facts provide an overview of how these legal circumstances differ from one another.
An annulment constitutes the ending of a marriage with the stipulation that it never occurred in the first place. Should you want an annulment, you will have to prove one or more of several specific circumstances. An annulment may be granted if one or both parties were already married at the time of the wedding. A court may also order an annulment if one or both parties hid information, such as the inability to have children, a substance abuse issue, or felony conviction. If one spouse refuses to engage in a sexual relationship with his or her husband or wife, the latter may also be able to obtain an annulment.
A divorce legally dissolves a marriage, and is acknowledged by both spouses and the court. In cases where both parties were married for a relatively short amount of time, or they never had children, a divorce lawyer may be required only to negotiate the financial terms of the proceedings, including division of assets, debts, and material possessions. However, some divorcing couples may require additional legal assistance to determine alimony payment, child custody, and child support.
If you seek a separation, you will still be legally married while living apart. However, many of the same factors that enter into divorce proceedings such as alimony and child custody can similarly be decided through a separation. While some couples use separation as a transition to divorce, others remain happily separated for the remainder of their lives.
Do you have more questions about annulments, divorces, or separations? Michael Eisenberg Esq. can help. For over 20 years, we have practiced family law and provided clients with the legal assistance they need to dissolve their marriage or separate from their spouse. Call our Montgomery County office today at (267) 722-8383 for more information.