Getting a divorce is not the only step you can take if you decide your marriage is untenable. Get acquainted with the alternatives before you file a divorce petition. Below are the two most practical alternatives to divorce.
1. Annulment
Both divorce and annulment end your divorce, but annulment does so without acknowledging the marriage's existence. Once you annul your marriage, then it is as if you were never married in the first place. This is possible because an annulment only occurs if the marriage wasn't legitimate or legal.
Differences with Divorce
An annulment differs from a divorce in various ways. Below are some of the major differences.
- An annulment requires a legal ground while divorce doesn't necessarily require a ground
- Annulment tends to be simpler than divorce.
- Annulments typically (but not always) take place a short time after marriage while divorces occur at any time after marriage
- According to womansdivorce.com, annulment laws don't recognize both prenuptial and postnuptial agreements that divorce recognizes
Note that the issues of child custody or asset division, both of which are common with divorce, are not common in annulment. However, states have relevant laws to deal with any of the issues that might arise in your annulment case.
2. Legal Separation
Legal separation does not technically end your marriage. Sure, you will leave apart, divide your assets, and come up with a custody or separation agreement — but you will still be legally married to each other.
Here are the major differences between legal separation and divorce:
- You can marry after a divorce but not after legal separation
- You revoke your legal separation if you want to get back together after a legal separation. You have to get married if you want to get back together after a divorce.
- You can continue to enjoy your spouse's benefits, such as health insurance, after legal separation but not after a divorce
Many people use legal separation as a stopping point before a divorce — a sort of trial. You can then end your divorce permanently or get back together if you change your mind after the separation period.
Hopefully, your marriage won't be on the rocks any time soon, and you won't need the above alternatives. If you do decide to separate from your spouse, however, ensure you do it according to your state's laws.
Consult a law firm like McKone & Unruh to go over your options and gain advice for the way forward.
