Generally, they may be obtained for one of the following reasons:
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
concealment -- for example, concealing an addiction to alcohol or drugs,
conviction of a felony, a sexually transmitted disease or impotency
refusal or inability to consummate the marriage -- that is, refusal or
inability of a spouse to have sexual intercourse with the other spouse
misunderstanding -- for example,
- one person wanted children and the other did not
- bigamy
- incest
- no age of consent
- marriage under duress
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.
When are married people considered separated?
In the context of marital problems, the term "separation" can mean either
the physical separation of spouses living apart; a "legal separation,"
recognized by some states, where both spouses agree in writing on the terms
of separation and a court accepts that agreement; or the time-period for
living apart that some states require to become eligible for a divorce.
When a married couple lives in different residences, whether for a limited
period of time or indefinitely, they have separated. A separation allows
spouses the time and space to reflect on the future implications of
remaining together or getting a divorce.
Types of Separation
There are four different kinds of separations:
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.
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.
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.
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).
States that require spouses to live separately for a period of time before a
no-fault divorce is granted include: Arkansas, Illinois, Louisiana,
Maryland, Missouri, Montana, New Jersey, New York, North Carolina, Ohio,
Pennsylvania, South Carolina, Tennessee, Vermont, Virginia, and West
Virginia. The District of Columbia also has this requirement.
Legal separations are available in all states except Alaska,
Delaware, Florida, Georgia, Idaho, Mississippi, and Pennsylvania.
Traditionally, a legal separation provided a couple whose religion did not
permit divorce with the means to legally separate their financial rights and
obligations.
Separation agreements
A separation agreement, once signed, is a binding contract, between a
husband and a wife. A separation agreement should probably cover, at a
minimum, the distribution of debts, the distribution of assets, the custody
and care of the children, and support payments. A separation agreement must
be in writing, signed by both parties, and notarized. If you divorce, this
agreement will become part of your divorce judgment.
For example purposes only,
here
is a copy of a simple separation agreement
A separation agreement that has been put in writing, signed by both parties
and accepted by the court allows a couple to avoid going to trial on some or
all of the issues relating to the division of property, custody of children,
alimony and child support. If the couple is unable to agree on any of these
issues, they will go to court and the judge will make the decision. A
separation agreement should be the product of much negotiation and
disclosure. It is a binding contract and may last forever so it must be
reviewed with great caution.
Not all states recognize legal separation or separation agreements. Talk to
your attorney to see if this is an option available to you.
Separation agreement converted into divorce
For states that recognize separation agreements, the agreement can often be
converted into a divorce decree. Courts will generally approve a couple's
negotiated separation agreement as a final resolution of their financial and
custodial conflicts. Depending on state law, there may be additional
requirements for a separation agreement to convert into a divorce decree.
A court can invalidate a separation agreement in whole or in part, even if
the document was executed in compliance with state regulations. Unfair
dealings such as hiding assets, fraud or unduly pressuring one of the
parties can give a court with grounds to refuse to approve a separation
agreement or to invalidate the underlying separation agreement in a divorce
decree.