Frequently Asked Divorce Questions
In the legal world divorce is the most commonly used terminology for the termination of a marriage. Sometimes the termination of a marriage is referred to as a dissolution or dissolution of a marriage. If the individuals had children together, the divorce proceedings include child custody arrangements. In addition, the divorce proceedings include a separation of assets and property.
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Annulment
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An annulment is a court procedure similar to a divorce in that it terminates a marriage; however, it nullifies the marriage as if the marriage had never taken place. An annulment may be granted for one of the following reasons: concealment (addiction, impotence or STD); misrepresentation or fraud; misunderstanding; orrefusal or inability to consummate the marriage through sexual intercourse.
Types of Separations
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The four different types of separation are: legal separation, living apart, permanent separation and trial separation. A legal separation occurs before the couple is granted divorce, and the court begins the division of assets and property, as well as child custody rights. The significant point about the living apart status is in certain states property rights change when couples living apart don't intend to reconcile. For permanent separations a majority of states state all assets or debts are separate responsibilities of the individual spouses. A trial separation is when the couple decides to temporarily separate and it's a personal decision, which possesses no legal status.
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No-Fault Divorce
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A no-fault divorce is when one spouse desires a divorce from their spouse without proving they did anything wrong. In many states the divorce-seeking spouse can site irreconcilable differences or incompatibility as a reason.
Fault Divorce
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In a fault divorce the spouse who proves that their partner had done some wrong-doing usually will receive a larger portion of alimony, assets and property, as well as more child custody powers. Examples of grounds for a fault divorce are: adultery; confinement in prison for a certain number of years; cruelty (both emotional or physical pain); desertion; and physical inability to have sexual intercourse (only if the physical inability was not revealed before the marriage).
No-Fault Divorce versus Fault Divorce
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In a fault divorce, the other partner can prove his partner's claim to be false, which would stop the divorce procedure; however, a partner can't stop a no-fault divorce. A fault divorce can be prevented for collusion (misleading the judge), condonation (i.e. wife condones a cheating husband, then suddenly desires to divorce for adultery); connivance; and provocation.
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