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| What
is the difference between a divorce (dissolution
of marriage), legal separation and a nullity of
marriage? |
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When
you no longer wish to be married to your spouse, a dissolution
of marriage is the appropriate vehicle. The dissolution
of marriage process not only terminates the marital status
(returning you to the status of a single person), but also
resolves all other issues, i.e., child custody, visitation,
child support, spousal support (alimony), property and
debt division, etc.
The process for a legal separation is identical
to the dissolution of marriage process, except that the marital status is not
terminated. In other words, although the custody, visitation, support and property
issues are generally resolved, you and your spouse will remain married.
A nullity of marriage is only considered when
a determination is made that the marriage was either void (because of bigamy
or it was incestuous), or voidable because of other factors, i.e., incapacity,
fraud, undue influence, etc. |
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