Annulment vs Legal separation

There comes a time in people’s lives when their marriage does not work anymore. When this happens it would be in the best interest of both parties to seek legal advice from a qualified divorce attorney. The divorce attorney can provide you with answers to the questions you may have. You may be wondering what the difference is between an annulment and a legal separation!

So, you may be wondering what an annulment is. An annulment legally declares your marriage null and void. In most cases it would be considered invalid from the date of marriage. Think of it like your marriage never happening in the eyes of the law, whereas a divorce would legally end it. However, children born into an annulled marriage should still be considered legitimate.

There are statutory and common law reasons why you can get your marriage annulled, thus considered null and void. Please make sure you speak to your divorce attorney to find out if this is best for your situation. The statutory reasons are as follows. If you or your spouse were legally married to someone else, or you or your spouse were under 18 and married without parental consent you may have grounds for annulment of your marriage. If you or your spouse were still considered legally married because your or your spouse’s divorce decree was not yet finalized you may have grounds for annulment marriage. If you & your spouse are of the same sex or if you and your spouse are close relatives (such as siblings) who may not marry you may have grounds for an annulment marriage.

The common law reasons for an annulment are as follows. If you or your spouse misrepresented yourselves as in not disclosing that you or your spouse were married or that you or your spouse were incapable of having children you may have grounds for an annulment of your marriage. If you or your spouse refuses to consummate the marriage you may have grounds for an annulment of your marriage.

Now that you know a little bit more about annulments let’s move onto legal separation. A legal separation is when you and your spouse are still legally married to each other but live in separate residences from each other. A Decree of Legal Separation would cover rights and duties to each other like child support, spousal support, custody, payment of debts and division of property.

The reasons for a legal separation are as follows. If you were deserted by your spouse or you deserted your spouse you may have grounds for a legal separation. If your spouse refused or neglected to provide for you or you refused or neglected to provide for your spouse you may have grounds for legal separation.

Now that you know the main differences between an annulment and a legal separation the next step would for you to seek legal advice from a qualified Austin legal separation lawyer. They can answer any questions you may have and help you decide what would be best for your situation.