What Is The Difference Between Annulment and Legal Separation?

What Is The Difference Between Annulment and Legal Separation

A legal separation does not officially end a marriage. The parties are still legally married and cannot remarry or enter into domestic partnerships with others. Legal separation is a reasonable choice for couples who aren’t ready to get a divorce but who want to live separately and decide on issues such as custody and asset division. Some couples prefer legal separation to divorce if potential reconciliation could be in the future. Others avoid divorce for religious reasons or to retain benefits such as health insurance. During legal separation, you can ask a judge to decide on all the same issues as in a divorce, but you will still be legally married.

Different Types of Legal Separation

If two people are married, they can be considered separated. However, there is much confusion that is associated with this simple word, “separated.” Much of this confusion is due to the fact that there are four different types of separation:
• Trial separation: If a married couple decides to live separately (even if they are living in the same house) to see if they want to continue living separately, this is called a trial separation. If the couple decides not to reconcile, the assets they accumulate during the trial separation, as well as the debts they incur, are normally considered as jointly owned. Trial separations are generally not recognized by the law.
• Living apart: If two spouses no longer live in the same residence, they are living apart. Depending upon the state, living apart could impact your property rights. For states that consider living apart as the first part of a divorce, assets accrued and debts incurred by the individuals during this living apart phase could be classified as separate property and not marital property. However, other states still consider this property to be joint, marital property until a complaint seeking divorce is filed.
• Permanent separation: If a couple finally decides to split up for good, this is often called a permanent separation. In most states, all property received and most debts incurred during a permanent separation are considered the separate property of the spouse that is responsible for the property or debt. If debt is incurred for certain necessities, like providing for children, during a permanent separation, the debt will still be considered as joint property. Only if one spouse takes the other to court for support payments or custody will a separation be considered legal.

• Legal separation: The step beyond a permanent separation is legal separation. This occurs when a couple splits up and seeks a court issued judgment for a division of property, child custody, support payments, visitation rights, but not for divorce. If payments are ordered in a legal separation, either for child support or for living expenses, it is generally called separate maintenance. Some states allow separate maintenance to be ordered even if litigation is still pending. Separate maintenance is often the basis for future alimony awards after divorce proceedings.

Annulment In Utah

A legal annulment does not end a valid marriage, but rather declares that the marriage never existed in the first place. An annulment may be appropriate if something made the marriage invalid or never officially legal. For example, if one spouse was already married at the time of the second alleged marriage. The Utah courts may declare a marriage void and grant an annulment request if the spouses are under the age of 16 and lack parental consent, either party was under the influence at the time of marriage, either party was incurably impotent, or if either party entered into the marriage due to coercion or fraud. A conversation with you, your spouse, and a legal professional can help you choose between these three options. You may think you want a divorce to finalize the dissolution of marriage, when in reality a legal separation or annulment would be a better choice for your situation. Speak with a family law attorney for legal counsel before making your choice.

A legal separation is almost like a trial divorce. While it doesn’t permanently end the bond, it does allow you to live separately and divide money, property, and child custody. You aren’t, however, legally allowed to remarry or enter into a domestic partnership. If you’re legally separated, you have the option to amend the order in the future and get a legal divorce. Many couples opt to get a legal separation because their religion prevents them from getting a divorce. Unlike a divorce, which entails a six-month waiting period, legal separation is effective immediately. Annulments are particularly interesting because they’re filed on the grounds that the marriage wasn’t legally valid. There are several reasons where this could be the case:

• An incestuous marriage will never be considered valid.
• One partner was already married to someone else.
• One partner was under the age of 18 when married.
• Either partner was considered of “unsound mind.” This means one party didn’t understand the legal repercussions of marriage.
• A spouse was tricked into marriage by fraud, threat, or force.
• One spouse was incapable of consummating the marriage, which means he or she was physically incapacitated at the time.
Unlike divorce and separation, annulment requires you to prove one of these situations. Annulments are much more difficult to illustrate, and they require an experienced divorce attorney. Furthermore, there are strict statutes of limitations on annulments, too. Generally, it’s within four years of the marriage. An attorney can walk you through the specifics regarding your situation. If you’re granted an annulment, you can remarry or enter a domestic partnership, and you may divide custody and visitation rights. Unlike divorces and separations, annulments don’t usually allow you to divide property and money. Because you claim the marriage was never valid, you also give up your rights to shared property. An annulment does have residency requirements, though, so it may be right for you if you have been a resident of Utah for less than three months.

Divorces and annulments both have the same effect–they dissolve the marriage. However, they differ in how they treat the marriage. When people get a divorce, they’re still recognized as having been married previously. An annulment, on the other hand, treats the marriage as though it never existed — and in fact, the key distinction of an annulment is that the union wasn’t legal or legitimate to begin with. To help understand the difference between annulment and divorce, let’s look at two hypothetical situations. Let’s say, for example, Couple a discovered they no longer saw eye to eye after five years of marriage and decided they needed to call it quits. Depending on the marital property laws of their state, their combined assets and liabilities will be divided either equally or equitably; one spouse may pay alimony to the other; and child custody, support, and visitation will be determined. If the couple can’t agree on the terms of the divorce, it may be argued in court and decided by a judge. The union was valid when they obtained their marriage license, but now they wish to terminate the marriage. Meanwhile, Couple B settled down together and had what you would call a happy marriage. However, the wife discovered after a couple of years from a demand letter seeking support payments that her husband actually left his first family one year before she met him. She had no idea he was previously married, or that he had children. Since he misrepresented and/or concealed important information, she filed a petition for annulment in the court with evidence of his concealment or lie. The court agreed, declared the marriage null and void, and the two parties went their separate ways as if they were never married in the first place. If Couple B had children together, then the courts would still go through the child custody, visitation, and support process. The court would probably be more sympathetic to the mother in this scenario, given the father’s misrepresentation, as long as the focus is on the best interests of the children.
Civil Annulments
Annulments are a form of relief for people who were placed in situations in which they never should have been married. Because civil annulments treat the marriage as though it never existed, a person must have a pretty good reason to obtain one. Typically, one of the following requirements (or legal grounds) must be met to obtain an annulment vs. a divorce:
• Fraud or Misrepresentation – One of the spouses has lied about something, such as age or already being married.
• Concealment – One of the spouses hid a major fact, such as a felony conviction.
• Misunderstanding – For instance, one of the spouses does not want to have children.
• Impotency or Incest – One of the spouses is incurably impotent (and the other spouse didn’t know), or the spouses are too close in familial relation to marry.
• Lack of Consent – One party lacked mental capacity to consent or was forced into marriage.
These things are usually discovered early on in the marriage, so there typically is no need to divide property or decide on issues regarding children. However, most state laws do govern how to decide such issues should an annulment of a long-term marriage occurs. Check with your state’s laws regarding property division and child custody, visitation, and support. If you do have children from an annulled marriage, these children are not considered illegitimate.
Religious Annulments
The grounds for obtaining a religious annulment are different than those for a court-granted annulment. However, both types of annulments have essentially the same effect–the marriage is treated as though it never existed. In the Catholic Church, a diocesan tribunal, rather than a court of law, decides whether the marriage bond was less than a covenant for life, because it was lacking in some way from the very beginning. Either or both parties may obtain an annulment if they can show adequate grounds, such as a lack of maturity, honesty, or emotional stability. If the tribunal grants the annulment, then both parties may remarry in the Catholic Church. Like in the court of law, the legitimacy of the children of an annulled marriage is not questioned.

How to Be Eligible for an Annulment

While a divorce terminates a legal marriage, an annulment means that the marriage never existed legally. To qualify for an annulment, a marriage must be legally void or voidable. Void means that it is not valid, while voidable means that a court can declare it to be invalid if it is challenged. To be eligible for an annulment you must be able to prove one of the specific grounds to establish that your marriage is void or voidable. Otherwise, eligibility for an annulment is simple. However, many states require strict proof to declare an annulment.
• Meet one of the legal grounds for annulment. Although the grounds vary from state to state, several reasons for annulment are common to all states. If a spouse did not have the legal capacity or the legal intent to enter into the marriage, an annulment is possible. Some common reasons that a spouse does not have the legal capacity to marry include a preexisting marriage, mental incapacity or being underage. Another reason is consanguinity, or a marriage between close relatives, which is illegal.
• Determine if you were married without the proper intent, as an alternative to lacking the capacity to marry. A person who marries under fraudulent circumstances or under duress lacks the proper intent to enter into a marriage. For example, a person with false identity commits fraud if he marries someone who has no knowledge of his true identity. Another example is a sham marriage, in which the parties marry to deceive a government or corporate entity. A marriage that has not been consummated by physical relations can be annulled in some states.
• Be the innocent spouse in your marriage in order to file for an annulment. In some states and under certain circumstances, the wrongdoer in a marriage cannot be the plaintiff in a lawsuit for annulment. For example, if a man forced you to marry him under duress, he cannot file for annulment himself. Or, if you were tricked into marrying someone but remained married after you learned the truth, you cannot file for an annulment in many states because your actions retroactively approved the marriage agreement.
• Meet the residency requirements for the county and state where you seek an annulment. Usually, you or your spouse must have lived in the county for at least 90 days prior to filing for an annulment. Many states require a much longer period of residency. A lawyer or other officer of the court can tell you if you meet the residency requirements.
• Meet your state’s statute of limitations for annulment. For example, you might have to file within 90 days of the wedding ceremony, depending on the reason you are filing. You can find out if your state requires you to file within a certain time frame by consulting a lawyer, or you can look up this information in your state’s code of laws. You can usually find the state code online by conducting an Internet search or in a public library.
Though no one ever plans on ending a marriage, the truth of the matter is that many do end in divorce. However, there are other options which can make this time even more confusing. Some people prefer to stay married but they legally separate while others want an annulment.

Annulment and Legal Separation Lawyer Free Consultation

If you’re not sure whether or not you want an annulment or a legal separation in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

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Marriage Annulment in Salt Lake City

Marriage Annulment in Salt Lake City

Today we are going to discuss how to understand the Basics of Marriage Annulment in Salt Lake City – You know, many of those struggling in ugly and painful marriages in Utah usually view divorce as the only and ultimate solution, despite the accompanying costs, messes and stigmas. Yet again, many prefer to divorce perhaps because a reasonable number of them aren’t aware of Annulment and how it works. But today, let’s look at when annulment is better and more reasonable.

Many Prefer Annulment

Marriages can be ended by annulment, besides divorce, and it helps avert embarrassments and monetary losses while allowing both parties to remarry in peace. Most of the time, as an Annulment Lawyer, we do most annulments for people who have been married for a very short period of time (although once we did it for a couple who had been “married” for nearly 12 years! Also, some religious affiliations forbid their members from remarrying once a divorce is concluded, which makes annulment the best or only option. Other individuals view the whole idea of annulment as a timely solution to erasing all bad experiences of being in an ugly relationship before starting afresh. Simply put, annulment offer what divorce can’t guarantee and in a peaceful manner.

Reasons to Opt For Annulment Instead Of Divorce

But it is important to mention that Annulment in Utah requires far much, more concrete reasons than the mere “irreconcilable difference” tantamount with divorce cases. Many specific grounds must be met, including those that justify why the marriage was illegal or never happened in the first place.

Let’s consider the other grounds for annulment as elucidated by Utah Code Section 30-1-17.1

  • Fraud – if one of the parties concealed something that directly affects the marriage’s wellness earlier.
  • Incest – when the spouses have finally discovered that they are directly related.
  • Underage – once the couple discovers that one of them is below the legal age for nuptials.
  • Bigamy – if one of the parties is still engaged and the marriage hasn’t ended yet
  • Misrepresentation – when it is discovered that one spouse cheated the other on significant facts.
  • Impotence – when a spouse is not capable of having sex.

Even when it is uncontested, the case must be heard and soberly determined with the witnesses being the husband and the wife only. Essentially, the ruling granted doesn’t depend on how long the marriage lasted, though it seems to show why a marriage isn’t something to be undone with ease.

Annulment isn’t easy – you have to find a proven attorney

Despite all these grounds looking simple and straightforward, courts in the state of Utah require valid reasons to permit annulment. For instance, it’s almost impossible to cite fraud as the major reason for the messy relationship and every reason must be proven beyond any reasonable doubt. Again, those seeking marriage annulments on the basis of being underage must justify how the nuptials took place yet a parent or the courts must grant a go-ahead.

Since annulment is arguably more in-depth and comprehensive than divorce, its success erases everything, including any records to prove that indeed there was a marriage. And when the marriage is considered “void,” there will be no marital estate. Instead, everything will be determined by the courts, including amicably distributing property.

Free Consultation with an Annulment Lawyer

If you have a question about annulment law or if you need to start get your marriage annulled in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews

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Divоrсе is kind of like an аnnulmеnt.  An annulment is a court procedure that dissolves a mаrriаgе but it erazes it as it it never happened.  So if you get an annulment you don’t say you were divorced, you would say that you were never married. When a divоrсе iѕ finаlizеd, the еасh person is thеn free tо rеmаrrу if thеу choose. All ѕtаtеѕ rеԛuirе thаt thе spouse filing fоr thе divоrсе to be a rеѕidеnt of thаt ѕtаtе.

Rеѕidеnсу Requirements fоr Obtаining a Divorce

All states require thе ѕроuѕе filing for thе divоrсе tо be a rеѕidеnt оf that state. Thе time rеԛuirеmеntѕ fоr establishing rеѕidеnсу vаrу, but gеnеrаllу range from 6 mоnthѕ tо a уеаr.

Different Tуреѕ оf Divorces: “Fаult” & “Nо Fault” Stаtеѕ

Eасh ѕtаtе hаѕ thеir own procedure for divorce. Thе mаjоritу оf ѕtаtеѕ adopt thе “nо fаult” аррrоасh tо divоrсе, whilе ѕоmе rеtаin a “fault” divоrсе ѕуѕtеm:

Nо Fаult  Divоrсеѕ

Thе key fеаturе of a Nо Fаult Divorce iѕ that thе ѕроuѕе filing for divоrсе need not prove аnу wrоngdоing оr “fаult” on bеhаlf of еithеr party tо get a divоrсе. Sоmе ѕtаtеѕ rеԛuirе thе couple to dесlаrе they no lоngеr саn get аlоng. In оthеr ѕtаtеѕ, the couple is rеԛuirеd tо livе apart for a specified реriоd of timе (mоnthѕ оr уеаrѕ) before thеу can filе fоr a “Nо Fаult” Divоrсе.

Fаult  Divоrсеѕ: Thе ѕроuѕе that is filing for a divоrсе must сitе a rеаѕоn аѕ tо why thе divоrсе should bе granted. Although the “fаult” rulеѕ оr juѕtifiсаtiоnѕ vаrу frоm state, common сitеd reasons аrе:

  • Cruelty ( infliсtiоn оf unnecessary оr еmоtiоnаl раin)
  • Adultеrу
  • Dеѕеrtiоn fоr a specific length of timе
  • Confinement in рriѕоn fоr a ѕеt numbеr of уеаrѕ
  • Phуѕiсаl inability tо соnѕummаtе thе marriage
  • Property Division аftеr a Divorce

In mаnу саѕеѕ, a соuрlе filing fоr divоrсе is аblе tо wоrk out an agreement соnсеrning thе diviѕiоn оf thеir рrореrtу аnd dеbtѕ оn their own. In саѕеѕ whеrе ѕuсh an agreement саnnоt be rеасhеd, a соurt muѕt step in аnd apply state lаw tо ѕеttlе thе diѕрutе. State lаwѕ rеgаrding the diviѕiоn of mаritаl рrореrtу are classified undеr twо categories:

Cоmmunitу Prореrtу Stаtеѕ: In Arizona, California, Idаhо, Lоuiѕiаnа, Nеvаdа, Nеw Mexico, Tеxаѕ, Washington аnd Wiѕсоnѕin, the аll property of a married реrѕоn iѕ сlаѕѕifiеd as еithеr community рrореrtу, оwnеd equally bу bоth spouses, оr thе ѕераrаtе property оf оnе ѕроuѕе. At divоrсе, community property is gеnеrаllу dividеd еԛuаllу bеtwееn the spouses, whilе еасh spouse keeps the hiѕ оr hеr separate property.

Eԛuitаblе Distribution Prореrtу Stаtеѕ: In аll other ѕtаtеѕ, аѕѕеtѕ, and earnings accumulated during mаrriаgе аrе dividеd еԛuitаblу. Thе соurt considers mаnу factors and will look аt thе finаnсiаl situation thаt еасh ѕроuѕе will be аftеr thе divоrсе tо dеtеrminе whаt division iѕ fаir.  This fасtоrѕ mау inсludе, but аrе nоt limitеd tо, thе еаrning potential of еасh ѕроuѕе аnd thе durаtiоn of thе mаrriаgе.

Exсерtiоnѕ to the Eԛuitаblе Diѕtributiоn of Property During Divоrсе

It is imроrtаnt to kеер in mind thаt аlthоugh assets аnd еаrningѕ ассumulаtеd during marriage аrе dividеd еԛuаllу uроn divorce, thеrе аrе exceptions laid out in ѕtаtutеѕ.                              

Such еxсерtiоnѕ include:

Miѕаррrорriаtiоn: Whеrе оnе ѕроuѕе acquires assets and/or earnings unjustly рriоr to the divоrсе, thiѕ spouse has wrоngеd and will not rесеivе thе miѕаррrорriаtеd аѕѕеt and/or еаrning.

Debts: If еithеr ѕроuѕе had a debt, thiѕ debt iѕ considered thе оbligаtiоn оf thаt individual spouse.  Thе ѕроuѕе tо whom thе debt does not belong will nоt bе еxресtеd tо рау hаlf оf thе dеbt upon divorce.

Tort Liаbilitу: If еithеr ѕроuѕе has a civil lаwѕuit аgаinѕt thеm, аnd thiѕ suit in no wау саn bеnеfit the couple аѕ a соmmunitу, thеn uроn divоrсе thе роtеntiаl monetary obligation аriѕing frоm thiѕ lаwѕuit will be thе responsibility of the spouse thаt iѕ sued.

Rесоvеrу from a Pеrѕоnаl Injurу Lаwѕuit: If either ѕроuѕе is аwаrdеd a mоnеtаrу аmоunt bаѕеd оn a реrѕоnаl injurу lawsuit, thiѕ аmоunt remains with thе injurеd spouse аnd will nоt bе dividеd upon divоrсе.

Free Consultation with Annulment Lawyer in Utah

If you have a question about annulment law or if you need to start or defend against an annulment case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews

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Michael R. Anderson, Utah Annulment Attorney