Legal Separation
What is legal separation?
A legal separation occurs when the parties are legally joined but lives apart. A legal separation formalizes an arragment for children, support and property. A legal separation is not to be confused with the date of separation. A person does not have to obtain a legal separation before filing a dissolution action.
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What is the difference between legal separation and marriage annulment?
A legal separation makes formalizes an arragment for children, support and property. A marriage annulment is also called nullity. A nullity judgment restores the parties to the status of unmarried persons. A judgment of nullity, or annulment, may be obtained under any of the following circumstances :
- Incest;
- Bigamy;
- Lack of informed consent to the marriage;
- The husband or wife of the prior marriage was believed to be dead at the time of the subsequent marriage, but in fact was not;
- Unsound mind;
- Fraud;
- Force, unless afterwards the party who was forced into the marriage cohabitated freely with the other party as husband and wife; or
- Either party, at the time of the marriage, was physically incapable of consummating the marriage, and the incapacity appears to be incurable.
Most people believe that time is a factor in obtaining an annulment. This is not necessarily the case. It is true that, for most of the conditions, an action must be brought within four years of the discovery of, for example, the facts constituting fraud. Also, even though a judgment of nullity voids the marriage, you may be able to obtain support, a division of property and restraining orders. Children of the relationship do not necessarily bar a party from obtaining a Judgment of Nullity.
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What is the difference between legal separation and divorce?
Legal separation is different from divorce. A legal separation is sometimes more beneficial for both parties than divorce. A divorce dissolves the marriage. A separation greatly resembles an action for divorce except that the parties are not able to remarry. Learn more about divorce law.
What is the difference between legal separation and dissolution?
Legal separation is different from dissolution. Dissolution is a divorce. The usual way to get divorce is to get a regular dissolution. The term dissolution is usually used for a married couple; the term separation is usually used for domestic partners. Learn more about family law.
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If you would like a free 1/2 hour consultation with our lawyer who is specialized in family law. Contact Christie Lee Law Office today or give us a phone call 209-910-5291. Our office is conveniently located and open, 8:00am to 6:00pm. If you would like a weekend appointment, simply call and set one up. We are flexible with our schedule and most importantly want to get your problems resolved.
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