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How does
an annulment differ from a divorce? |
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Like a divorce, an annulment is a court procedure that
dissolves a marriage. But an annulment treats the marriage as
though it never happened. For some people, divorce carries a
stigma, and they would rather their marriage be annulled. |
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Others prefer an
annulment because it may be easier to remarry in their church if
they go through an annulment rather than a divorce. |
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Grounds for annulment vary slightly from state to state. Generally, they
may be obtained for one of the following reasons: |
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misrepresentation or fraud -- for example, a spouse
lied about the capacity to have children, stated that she had
reached the age of consent or failed to say that she was still
married to someone else
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concealment -- for example,
concealing an addiction to alcohol or drugs, conviction of a
felony, children from a prior relationship, a sexually transmitted
disease or impotency
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refusal or inability to consummate the marriage --
that is, refusal or inability of a spouse to have sexual
intercourse with the other spouse, or
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misunderstanding -- for example, one person wanted
children and the other did not.
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These are
the grounds for civil annulments; within the Roman Catholic Church, a
couple may obtain a religious annulment after obtaining a civil divorce in
order for one or both spouses to remarry.
Most annulments take place after a marriage of a very short duration -- a
few weeks or months, so there are usually no assets or debts to divide, or
children for whom custody, visitation and child support are a concern.
When a long-term marriage is annulled, however, most states have
provisions for dividing property and debts, as well as determining
custody, visitation, child support and alimony. Children of an annulled
marriage are not considered illegitimate. |
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When are married
people considered separated? |
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Many
people are confused about what is meant by "separated" -- and it's no
wonder, given that there are four different kinds of separations: |
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Trial separation.
When a couple lives apart for a test period, to decide whether or not
to separate permanently, it's called a trial separation. Even if they
don't get back together, the assets they accumulate and debts they
incur during the trial period are usually considered jointly owned.
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Living apart.
Spouses who no longer reside in the same dwelling are said to be
living apart. In some states, living apart without intending to
reunite changes the spouses' property rights. For example, some states
consider property accumulated and debts incurred between living apart
and divorce to be the separate property or debt of the person who
accumulated or incurred it.
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Permanent separation.
When a couple decides to split up, it's often called a permanent
separation. It may follow a trial separation, or may begin immediately
when the couple starts living apart. In most states, all assets
received and most debts incurred after permanent separation are the
separate property or responsibility of the spouse incurring them.
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Legal separation.
A legal separation results when the parties separate and a court rules
on the division of property, alimony, child support, custody and
visitation -- but does not grant a divorce. The money awarded for
support of the spouse and children under these circumstances is often
called separate maintenance (as opposed to alimony and child support).
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