US DIVORCE & ANNULMENT

Both divorce and annulment are court procedures that dissolve a marriage. However, unlike a divorce, an annulment treats the marriage as though it never happened. The vast majority of dissolutions of marriage are done through divorce.

All states require the spouse filing for the divorce to be a resident of that state. The time requirements for establishing residency vary, but generally range from 6 months to a year.

TYPES OF DIVORCES

Each state has their own procedure for divorce. The majority of states adopt the "no fault" approach to divorce, while some retain a "fault" divorce system.

No Fault Divorces: The key feature of a "No Fault" divorce is that the spouse filing for divorce need not prove any wrongdoing or "fault" on behalf of either party to get a divorce. Some states require the couple to declare they no longer can get along. In other states, the couple is required to live apart for a specified period of time (months or years) before they can file for divorce.

Fault Divorces: The spouse that is filing for a divorce must cite a reason as to why the divorce should be granted. Although the "fault" rules or justifications vary from state, common cited reasons are:

Cruelty or infliction of emotional pain

Adultery

Desertion for a specific length of time

Confinement in prison for number of years

Physical inability to consummate marriage

Greater than 40% of marriages end in divorce and, while this statistic may not be pleasant, it’s at least reassuring to those contemplating divorce or going through one that they are by no means alone.

In an uncontested divorce, both parties agree on all terms, including asset division and child custody. A contested divorce requires the court to divide property and determine child custody.

Whether your divorce is contested or uncontested, there are a multitude of issues involved in the dissolution of a marriage, from asset division to child custody to child and spousal support. In an uncontested divorce, both parties have agreed to end the marriage and have settled all the issues involved.

A contested divorce, however, requires the court to split up assets, determine child custody and support and, in some cases, spousal support, after weighing arguments from both sides. But through mediation and legal guidance, spouses in a contested divorce can reach an out-of-court settlement, saving time and money.

HOW IS PROPERTY DIVIDED?

In cases where spouses cannot reach an agreement on diviision of assets, a court must step in and apply state law to settle the dispute. State laws regarding the division of marital property are classified under two categories:

Community Property States: In Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin, all property of a married person is classified as either community property, owned equally by both spouses, or the separate property of one spouse. At divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property.

Equitable Distribution Property States: In all other states, assets and earnings accumulated during marriage are divided equitably. This means that in most cases, two-thirds of the assets go to the higher wage earner and one-third to the other spouse.

CIRCUMSTANCES FOR OBTAINING AN ANNULMENT

Annulments usually take place after very short marriages. The grounds vary from state to state, but the justifications for obtaining a civil annulment generally include:

• Misrepresentation or fraud
• Concealment (hiding something substantial from the spouse)
• Refusal or inability to consummate the marriage
• Misunderstanding