Divorce is an altogether common legal procedure. Many people are having it done nowadays. However, it seems that there is still confusion regarding similar legal terms, which some people call divorce synonyms. This article will try to give readers a better understanding of divorce by comparing it with other legal processes like the annulment of marriage.
The Basics of Divorce
In a nutshell, a divorce is a legal document stating the dissolution of a marriage. During the divorce proceedings, several pertinent issues may arise like such as child custody, child visitation rights, division of debt and marital assets, as well as spousal support and alimony. Of course, the matter of who gets what and how much all depends on how the court rules on the specific aspects of the case. The final result of the divorce, of course, entails that the legal bonds of marriage no longer apply to the parties involved. Hence, they are now free to enter into other romantic partnerships and even remarry, if they wish to do so.
Of course, readers need to understand that there are certain requirements that must be met and grounds for divorce must be stated when the parties file their documents. The requirements can vary between states, so it is best to know the specific provisions of your state’s divorce law.
However, when it comes to the grounds for divorce, there are only two options. Namely, the couple can have a fault-based or a no-fault divorce. The former states that the divorce was filed because of the actions of the other party, while the latter states that divorce blames no one for the marriage’s dissolution.
To put it in concrete terms, fault-based grounds include domestic violence, abandonment, adultery, as well as substance and alcohol abuse. On the other hand, the grounds for a no-fault divorce make use of irremediable breakdown, irreconcilable differences, and loss of affection. Just keep in mind that the grounds can all contribute to the judge’s final decision regarding the pertinent issues of the divorce. After all, the decision is based on the judge’s perception of justice.
Divorce and Annulment
Annulment is probably the best-known divorce synonym out there. Given the similarities between the terms, it is altogether understandable for people to be confused. However, the most important difference between divorce and annulment is the method in which they invalidate the marriage is very different.
Basically, the process annulment declares a marriage null and void. While divorce provides a legal end to the union of two parties, an annulment treats it by treating the marriage like it never existed in the first place.
Similar to divorce, the judge will also oversee the division of marital properties, child custody, and child support. Though the results are still ultimately the same the semantic differences are crucial.
This article seeks to clarify some important issues about so-called divorce synonyms. It should be made clear that despite the similarities in their final result, annulment and divorce are distinctly separate legal processes. Hopefully, this article was able to shed some light on the issue.