Article

Ending a Marriage or Taking a Break: Divorce, Annulment or Legal Separation

Topic: DivorcePublished February 15, 2012

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Ending a marriage is not always easy and sometimes it leaves behind a bitter experience. It can be devastating and stressful for some having a long term impact on their future and outlook towards life. However, if you have decided to come out of a difficult relationship, stay firm and stay strong throughout the legal process. One can opt to have one of the top divorce lawyers who will be able to guide you well. Better still, one can go for his/her family lawyer who will be in a better position to understand your situation and state of mind and provide you with able and unbiased support and guidance. The following are the ways you can help yourself get a divorce. A marital union can be dissolved through either divorce or annulment of marriage. Annulment is a legal procedure that pronounces the marriage cancelled as though it never existed. Legally, it declares that the marriage was never valid. Every state has its own set rules regarding annulment of a marriage; however, annulment of marriage can be initiated by either the husband or wife. The party initiating the process has to prove to the court the grounds on the basis of which he/she is seeking annulment of the marriage. So, have one of the great divorce lawyers by your side as you need to prepare your case well and prove the allegations that you make failing which the marriage would be considered null and void. The following are the few common grounds one can seek annulment of marriage on: Underage Marriage: If either of the partners was below the marriageable age at the time of getting married Fraud: If a person was brought into the marriage by having he /she believe the lies or misrepresentation of the other Forced Consent: If against your wish you were forced into the marriage through threatening or coercion by the other person, it provides you with solid ground to file for annulment of your marriage. However, have the necessary evidence to support your claim. Mental Illness: If either of the spouses was mentally unstable or ill at the time of marriage Bigamy: If you come to know that the other person was already married at the time of your marriage but he/she concealed the fact from you Inability to Consummate the Marriage: If either of the spouses is unable to perform sexually or is impotent and doesn’t satisfy his/her partner Divorce, on the other hand is the ending of a valid marital union between a man and a woman and returns them the status of being single and ability to start life afresh by getting married once again with somebody else. A divorce can be reached by filing a case in the court seeking divorce. Usually, in case of divorce there are a number of things that need to be sorted out between you and your partner like marital assets, childcare including custody and visitation rights, child and spousal support issues, housing, money and other properties. A person can go for either Fault Divorce or No Fault Divorce depending on his/her situation. Fault Divorce is when a party makes certain allegations against the other and seeks divorce on the states ground. He/she however, need to have enough and solid evidence to prove the case in the court. The common grounds for seeking a fault divorce include drugs or alcohol abuse, incurable mental sickness, conviction of crime etc. Other major grounds can be as given below: Adultery: If the other partner has had extra marital relationship during the course of marriagernPhysical or emotional abuse: Subjecting your partner to physical or emotional torture or using abusive language, physical violence and threats makes for a strong case of fault divorce to be filed against you. Desertion: In case of a spouse abandoning the other emotionally or physically for a long period of timernRemember the above mentioned grounds have to be supported by enough evidence. So, if you are going for fault divorce hire a top divorce attorney who will be able to fight your case and make sure justice is done to you. On the other hand, a No fault Divorce allows dissolution of marriage without either party making allegations or accusing the other for the breakup of marriage. Many states allow for No Fault Divorce and many couple too likes to go for it without the pain and mental distress associated with fault divorce. Nobody ever thinks of going separate way when they got married but circumstances force them to take a tough decision like getting a divorce. However, the least one can do is have an amicable divorce and settle the matter for good. However, it’s wise to get yourself backed by one of the best divorce lawyers in the town.

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