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Three Ways to End a Marriage
When people think about how to end a marriage, the method that usually comes to mind is divorce. There are, however, other methods to ending a marriage, including annulment and legal separation, that some couples may find more suitable for them. Each method has different requirements and legal ramifications, and couples who decide to end their marriage should understand which method works best for their unique situation.
Know the Difference
Divorce
A divorce is a legal decree that terminates a marriage before either spouse dies. After a divorce is finalized, the parties are not legally bound to each other and are free to remarry or enter into a domestic partnership with another person.
If couples decide on this method, one of the spouses may file for a “no-fault” or “fault-based” divorce. In a no-fault divorce, a spouse files for divorce without blaming the other spouse for the dissolution of the marriage. Examples of this type of divorce include irreconcilable differences and loss of affection. In a fault-based divorce, one of the spouses blames the other for the dissolution of the marriage. Examples of this type of divorce include adultery, domestic violence, and drug and alcohol abuse.
Court proceedings involving divorce may determine child custody issues, child support, alimony, and more.
Annulment
An annulment is a legal determination that a marriage has always been invalid and is, therefore, ended. Like divorce, an annulment allows the parties to remarry or enter into a domestic partnership with another person.
Grounds for an annulment include that the marriage was incestuous, bigamous, the result of force or fraud, took place when one or both spouses were below the legal age to marry, took place when one or both spouses were already married or took place when one or both spouses were under the influence of drugs or alcohol.
Like divorce, court proceedings involving annulment may determine child custody issues, child support, alimony, and more.
Legal separation
In a legal separation, spouses may formalize a de facto separation while remaining legally married. This determination is delivered in the form of a court order. Since it does not end the marriage, parties cannot remarry or enter into a domestic partnership with another person.
Laws surrounding legal separation differ from state to state. Still, according to the North Carolina separation laws, a separation agreement or other written documentation is not required to be legally separated. To be considered legally separated from your spouse, you must live in different homes, and one of you must intend the separation to be permanent. Typically, you will not be considered legally separated if your relationship has ended, but you’re living in the same home.
While the state of North Carolina does not require a separation agreement to be legally separated from your spouse, it can help determine how to divide property, alimony payments, and more.
Which Method is Right for Me?
Ending a marriage is never easy, but determining which method is correct for you can simplify the process. Many factors come into play when deciding how to end your marriage, including where you live. Different states have unique statutes and requirements surrounding divorce, annulment, and legal separation.
The state of North Carolina, for example, only allows for no-fault divorce, which means proof of a spouse’s marital misconduct is not required to file for divorce. To file for divorce, couples must live separately for one year, and one party must reside in the state for six months before filing for divorce. This does not mean you must be legally separated to file for divorce; it simply means both parties must live in separate physical locations for one year before filing for divorce.
No matter which method you decide to end your marriage, your best interests must be protected. Our Charlotte divorce lawyers will work diligently to seek what’s best for you and your children. We provide attentive legal support to help you endure this difficult time as painlessly as possible. Call our Charlotte family law attorneys to schedule a consultation at (704) 659-0007 today.