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people confused about Legal Separation vs Divorce. Technically and
legally, a divorce is the process of dissolving the marriage - nothing
more and nothing less. In other words, it is the process of obtaining
a Declaration from the Court that your marriage is now at an end
- Divorce means that you are no longer a married couple nor spouses
(i.e. husband and wife or visa versa).
When most people say they "want a divorce", they are
referring to the whole gamit of related Family Law issues that
often go along with the desire to dissolve the marriage. Consequently,
how simple or complicated a divorce is depends, not only on the
laws in your State or country but your own personal circumstances
as well. If you have other issues such as child custody, visiting
rights or property settlement to resolve, then your divorce will
not just involve a straight dissolution of the marriage. Divorce
isn't just filling out forms and filing them. It's also about
legal language, legal procedure and most importantly, resolving
outstanding family law issues with your spouse.
This means that you will have decisions you need to make. You
may also want these decisions to be legally binding. Often the
signing of a marital settlement agreement, for example, is not
sufficient to constitute a legally enforceable agreement. The
agreement may have to be approved by the court.
In countries such as Australia, the concept of Legal Separation
has been done away with. However, in the United States it still
prevails in many jurisdictions. The main difference between a
Legal Separation and Divorce is that in a Legal Separation, the
marriage is not dissolved. The parties are simply declared to
be legally separated but remain "spouses". As in a divorce,
other issues such as custody, visiting rights, child support and
property settlement may still be resolved.
Again, most people don't know the difference between a Divorce
and an Annulment. A Declaration or Decree of Divorce recogises
that there was a valid marriage which has now been dissolved.
An Annulment is a Declaration or Decree that the marriage was
NOT a valid marriage in the first place. In order to obtain the
latter, you normally have to show that there was either fraud,
undue duress or an absence of consent. For example, if you were
"off your face" drunk when you got married, then this
would amount to a lack of consent. Another example would be where
you got married because you were threatened with something if
you didn't. However, if you married someone so one of you could
get a Green Card, this does not go to a lack of consent, fraud
or duress. Consequently, annulments are nowhere near as common
as divorces, because the legal criteria is much more rigid.
There was a news article about a London heiress who, after 17
years of marriage, discovered that her husband was actually a
woman. Her transsexual spouse concealed his true gender from her
for 17 years, using a home-made part of the anatomy for sex. While
many people would find it surprising that in 17 years of marriage,
the wife did not realize she was living with a woman, the court
still nullified the marriage. It was, in effect a form of fraud.
© Barry J. Roche - Barry Roche is the founder of The Self-Help
Club (www.self-helpclub.com) and the author of numerous divorce
articles and ebooks including, “How To “Win”
When Facing Divorce”. He is a former Family Law Specialist
who wrote this book specifically for women. The book is available
for purchase at http://www.divorceandwomen.com/help.html. Barry
is also the author of a 90 page Manual on “How To Beat Your
Financial Worries When You Don’t Have A Job” (this
Manual is also available for purchase at http://www.divorceandwomen.com/help.html).
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