Overview
In the U.S., there are two types of dissolution of marriage proceedings. The most common way a marriage is dissolved is divorce. Annulment is second type of legal procedure through which a marriage is dissolved. Despite some minor differences, the laws governing divorce and annulment largely are same from one state to another.
Function
The ultimate function of a dissolution of marriage proceeding is to terminate the legal marital bounds between a couple in a divorce case, according to Cornell Law School. In annulment proceedings, the final order of the court declares the marriage never existed in the first instance. Marriage dissolution cases resolve other issues associated with the marriage, including a division of assets and debts and resolving matters associated with children born during the marriage.
Considerations
A court addresses specific considerations in determining whether a marriage should be terminated, according to “Nolo’s Essential Guide to Divorce” by Emily Doskow. In divorce cases, laws exist that permit the pursuit of a no-fault divorce. In such a case, the spouses do not need to demonstrate any wrongdoing to obtain a divorce. On the other hand, in a fault divorce case, a spouse must demonstrate that the other party is guilty of some sort of wrongdoing, like adultery. Finally, in an annulment, a party needs to show that no legal marriage existed in the first place. For example, one of the spouses was forced to wed.
Time Frame
One area in which marriage dissolution laws do vary more significantly in different jurisdictions is in regard to the time frame for obtaining a divorce decree. There are two types of waiting periods at play in marriage dissolution cases. First, these laws establish different periods of time during which a person must be a resident of a state before filing for divorce. Second, different waiting periods exist under all state laws on divorce and annulment setting for the time that must pass from filing until a decree is granted.
Misconceptions
A common misconception is that a legal separation represents a form of marriage dissolution. Through a legal separation you obtain all of the same orders found in a divorce action except one. The court does not issue an order terminating the marriage in any manner in a legal separation case. The parties remain legally married and unable to remarry as long as the legally separated status remains in place.
Expert Assistance
Because of the complexity of marriage dissolution laws and procedures, if you face such a case, consider seriously retaining the assistance of an experience lawyer. Local and state bar associations maintain directories of lawyers in different practice areas, including all areas of family law. Obtain contact information for these organizations from the American Bar Association.
About this Author
Mike Broemmel began writing in 1982. He is an author/lecturer with two novels on the market internationally, “The Shadow Cast” and “The Miller Moth.” Broemmel served on the staff of the White House Office of Media Relations. He holds a Bachelor of Arts in journalism and political science from Benedictine College and a Juris Doctorate from Washburn University. He also attended Brunel University, London.
