When your marriage is at a breaking point, you might be unsure of what to do next. While you may wish to reconcile, you might also believe that it is best for a split between you and your spouse. Our family law attorneys share how you can dissolve your marriage.
Two Main Options
Couples wishing to dissolve their marriage can pursue two main options: divorce or an annulment.
Divorce
Divorce is one of the main routes couples can take to end their marriage legally. The couple can pursue a no-fault divorce, where they do not need to cite grounds for the divorce and instead can testify their marriage is irretrievably broken. After the finalization of the divorce, the divorce and marriage will remain on the legal record, but the couple is no longer legally linked and can remarry who they choose.
Annulment
Couples seeking to end their marriage may also be able to pursue an annulment instead. To be able to seek an annulment, the couple will need to prove one of the following five grounds:
- One party was under the age of 18,
- One party was unable to consent to the marriage,
- One party is unable to consummate the marriage,
- One party was incurably mentally ill for at least five years, or
- Consent to the marriage was granted under duress, coercion, or fraud.
There may be restrictions on how the grounds can be used within these grounds. An experienced family law attorney can help you understand if you may be eligible for an annulment.
After the court grants the annulment, it will be as if the marriage never happened. However, paternity will be presumed for the couple's children, which means that the children’s father will not need to prove his legal parentage.
Legal Separation
While legal separation is an option if you want to split from your spouse, a separation agreement will not dissolve your marriage. This means that despite living separately and apart from your spouse, you will remain legally married and cannot marry another person until you divorce.
Friedman & Friedman PLLC, Attorneys at Law Family Law Attorneys
Choosing to end your marriage can be difficult, and choosing a route to marriage dissolution can be even more so. Our family law attorneys can help you choose your path forward and begin the process of legally ending your marriage.
Do you wish to end your marriage? Schedule a consultation with one of our divorce attorneys today to learn more about your options. Call us at (516) 688-0088.