Avoiding Divorce Through Legal Separation Or Annulment
Legal separation and annulment, though quite different from one another, are both possible alternatives to divorce. They are each used in specific circumstances to address specific needs. The lawyers of Nelson, Krueger & Millenbach, LLC, are experienced in assisting clients in both types of actions.
How Legal Separation Works
If you and your spouse are uncertain about a divorce, legal separation is a possible alternative. In a legal separation, like a divorce, orders will be made for the following:
- Property and debt division
- Maintenance (alimony)
- Child support
- Child custody and placement (visitation)
Even though you become legally separated, you are not free to remarry. You may choose to dismiss the judgment of legal separation, if you would like to resume married life, or you can convert your legal separation into a divorce.
Schedule a free initial consultation with an experienced family law attorney at Nelson, Krueger & Millenbach, LLC, today. Call us at 414-939-0529 or send us an email.
Is Divorce Or Separation Right For You?
Ending a marriage, or separating from one’s spouse, is never easy. In addition to the personal and emotional challenges involved, you will have to make a number of very important legal decisions, including the choice between divorce and legal separation. Both require a 120-day waiting period, division of your property and debts, and decisions about how you will parent your children. However, understanding the differences can help you determine which action is the right choice for your situation.
The main, and critical, difference between divorce and legal separation is that only divorce legally ends a marriage. This means that only divorce allows you to remarry another person. Separated couples, on the other hand, remain legally married and thus cannot marry anyone else.
People choose legal separation instead of divorce for a variety of reasons. In some cases, couples want to sever their financial ties, but they believe there is a chance of reconciliation in the future. Because the couple did not end their marriage, they can dismiss the judgment of legal separation if they want to resume married life.
For others, legal separation is a way to end the emotional and financial partnerships of marriage without violating any religious beliefs that forbid divorce. Because the couple remains married, they can uphold those beliefs while still living separate lives.
Additionally, in some cases, people file for legal separation instead of divorce to maintain their health insurance coverage. However, it is important to note that not all insurance providers allow legally separated spouses to continue coverage.
It is necessary, in both a divorce and a legal separation, to fully consider how all the issues will affect your well-being, your finances and your children. An experienced family law attorney can guide you through the process and ensure you understand your rights and options every step of the way.
What Is Annulment?
Annulment is a determination by the court voiding the marriage as if it never existed. A marriage can be voidable if either you or your spouse were:
- Already married to someone else at the time of the marriage
- Too young to be married
- Close blood relatives (whether or not you knew it)
- Under the influence of drugs or alcohol
- Mentally incompetent
- Unable to consummate the marriage
This is not a complete list. If your marriage is annulled, there is no requirement for spousal support or maintenance (alimony). However, there can be issues related to property distribution. It is important to consult with a knowledgeable lawyer if you believe that an annulment may be appropriate in your case.
Contact An Annulment Attorney To Discuss Your Options
If you are considering annulment or legal separation, schedule a free initial consultation with an experienced family law attorney at Nelson, Krueger & Millenbach, LLC, today. Contact us at 414-939-0529.
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