Annulment v. Divorce v. Separation

If you and your spouse no longer wish

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to be married, you should speak with an experienced Denver divorce lawyer at the Rocky Mountain Family Lawyers about whether you should file for a divorce, legal separation, or annulment.

Divorce: divorce is the process of dissolving a marriage. Once a divorce has been finalized, the parties will no longer be legally married, and any of the rights, protections, and benefits they shared as a married couple will no longer be valid.

Legal Separation: when a married couple is unsure of whether or not they want to continue with their marriage, the can legally separate and spend some time apart. This is a less dramatic step than filing for divorce, as the parties can easily resume their marriage if they decide they still want to be together.

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Another benefit of separation is that the parties can still stay on each other’s insurance plans and take advantage of other marital benefits. Sometimes it is a good idea to draft a separation agreement if the parties plan to separate for a long period of time. This agreement details the couple’s arrangements for child custody, visitation, child support, and maintenance.

Annulment: an annulment is essentially declaring that the marriage is invalid. It’s much harder to annul a marriage than to get a divorce. Anyone can get a divorce, but in order to get an annulment the parties must meet a least one of the following grounds: one of the parties was mentally incapacitated at the time of the marriage, one spouse could not consummate the marriage due to a physical incapacity that the other spouse was unaware of, one spouse was under the legal age of consent at the time of the marriage, one spouse was married under duress, one spouse was married to another person at the same time the new marriage began, the marriage was incestuous, the marriage was a dare or a hoax, or the marriage was based on fraud.

Regardless of whether you are filing for divorce, separation, or an annulment, it’s important to hire an attorney to represent your case. A Denver divorce attorney at the Rocky Mountain Family Lawyers can ensure your best interests are protected at all times and help you reach a settlement that best serves your particular needs and situation.

If you are interested setting up a consultation to discuss your case, contact the Rocky Mountain Family Lawyers today at (303) 330-0425!

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