Nolo's Essential Guide to Divorce - Emily Doskow [8]
Legal Separation
In some (not all) states, you can get a legal separation by filing a request in family court. Being legally separated is a different legal status from being divorced or married-you're no longer married, but you're not divorced either, and you can't remarry. But the court's order granting the legal separation includes orders about property division, alimony, and child custody and support, just as a divorce would.
People choose legal separation instead of divorce because of religious beliefs, a desire to keep the family together legally for the sake of children, the need for one spouse to keep the health insurance benefits that would be lost with a divorce, or simple aversion to divorcing despite the desire to live separate lives. Some people live very happily in a state of legal separation for many years. (If you're considering a legal separation instead of divorce so that you can keep insurance benefits, check the insurance plan before making the decision. Some consider a legal separation the same as a divorce for purposes of terminating health benefits.)
Annulment
Like a divorce, an annulment ends a marriage. But unlike a divorce, when you get an annulment it's as though you were never married, at least in some ways. Although you need to divide your property just like other divorcing couples, you are legally entitled to call yourself "single" after the annulment, rather than checking the box for "divorced" wherever that comes up.
Religion is the most common reason for choosing annulment over divorce. In particular, the Roman Catholic Church doesn't sanction divorce or subsequent remarriage, but does allow someone whose first marriage was annulled to remarry in the church. But even if you get a religious annulment, in order to end your marital relationship in the eyes of the state you must obtain a civil annulment through the courts.
Although most annulments take place very soon after the wedding, some couples seek an annulment after they have been married for many years. In that case, the court considers all of the same issues as in a divorce, divides property, and makes decisions about support and custody. Children of a marriage that has been annulled are still legally considered "legitimate" children of the marriage.
In most places you can get a civil annulment for one of the following reasons:
Fraud or misrepresentation. One spouse lied about something that was important to the other in getting married, like the ability to have children.
No consummation of the marriage. One spouse is physically unable to have sexual intercourse, and the other spouse didn't know it when they got married.
Incest, bigamy, or underage party. Either the spouses are related by blood so that their marriage is illegal under the laws of the state where they married, or one of them is married to someone else, or one of them is under the age of consent and didn't receive a parent's approval.
Unsound mind. One or both of the spouses was impaired by alcohol or drugs at the time of the wedding or didn't have the mental capacity to understand what was happening.
Force. One of the parties was forced into getting married.
Common Law Marriage
Couples who act like they are married, hold themselves out to the world as married, and intend to be married are considered legally married. Typical indicators of a common law marriage are filing joint tax returns, referring to each other as "husband" and "wife," and using the same last name. If you live in one of the states that recognizes common law marriage and you meet the criteria, then you are legally married and must get a divorce to end your marriage. If this issue concerns you, see an attorney who's an expert in this area.
The states that recognize common law marriage are:
Family Court
Every divorce case goes through some kind of court proceeding. Even if you and your spouse agree about how you will divide your property and handle custody, visitation, and support issues, a judge will still have to grant your divorce.
In most states, divorce cases-whether