Dissolution is the legal end of a marriage. It starts when one party files for divorce or a pair does. Different methods may terminate a marriage. This blog details marital dissolution, its techniques, and what happens thereafter.
Understanding Dissolution Of Marriage
Divorce ends a legally recognized marriage. Divorce is the most typical route, although annulment is another alternative.
Divorce
Legal divorce dissolves marriages, with hundreds of thousands of Americans divorced annually. Divorces can occur with uncontested divorces if both spouses agree, or trial proceeds if disagreements persist. Collaborative divorces can involve a third-party mediator resolving all issues without court involvement.
Annulment
Couples may seek annulments under certain conditions. If successful, the court will invalidate the marriage and consider it nonexistent. Annulments are harder to get than divorces because they need specified conditions.
For Annulment, You Need:
- Fraud or coercion
- Bigamy: one spouse is married to another
- Unable to have children and not disclosing
- Incest: a too-close relationship and not allowed to marry
- Mental illness or inability to consent
- Inability to consummate marriage
- Minors without parental consent
Annulments are legal declarations that a marriage was invalid when it was formed.
Voiding A Marital Agreement
If the couple was too young to agree, void marriages could never have been valid, unlike annulled weddings in other states. A failure to complete a marriage is not included since it was unknown when the couple married.
How To Divorce
Every case is different, but here are some basic steps in the divorce process.
• Step 1: Hire A Lawyer
Attorneys can help you and your spouse divorce. No lawyer is needed to submit or answer a divorce petition. However, working with a lawyer is always ideal. Attorneys from a Divorce & Mediation Law Firm like Cabanas Law Firm know your state’s laws and can advise you on what to do.
• Step 2: File And Serve The Spouse The Right Papers
The petitioner or plaintiff files a petition or complaint and other paperwork with the court to initiate the divorce. The opposite party must usually receive or be served copies of the papers. Failure to do so may delay or stop the procedure.
• Step 3: Negotiate
Divorcing spouses and their counsel typically reach settlements on some or all marital difficulties instead of trial. Alimony, child custody, and property split disputes might need a trial, but most divorces settle even before trial.
• Step 4: Attend All Essential Meetings Or Court Appearance
Always attend court hearings and consult with your counsel when asked. If you or your lawyer thinks you can’t show, inform the court and reschedule.
• Step 5: Comply With Court Or Negotiated Orders
You and your ex-spouse must follow all settlement or court orders. Failure may result in contempt of court.
What Can You Expect After Divorce?
An annulment indicates a marriage was invalid, whereas a divorce terminates it. If the marriage had legitimate children, additional court meetings may be needed to determine child custody or support.
Alternative To Divorce: Legal Separation
Legal separation is a legal option for couples or individuals. It allows them to live separately while maintaining their legal marriage, with the court deciding property, support, and custody.
Dissolution Of Marriage: Bottom Line
Divorce is complicated and scary. Thus, hiring trustworthy divorce attorneys is always advisable. There are many ways to divorce, so choose cognitively, emotionally, and financially sound options.
