Exposing Common Legal Misconceptions About Separating From Your Spouse

When a marriage fails, both spouses can be subjected to immense stresses due to the various legal procedures that must be done to formally dissolve the marriage. While separations and divorces are relatively common, they are often very misunderstood by the individuals going through them. In particular, there are two common myths about separations that individuals may find themselves believing, and dispelling these two notions can help you to better understand what will be needed to legally end your marriage. 

Myth: An Annulment Is The Same As A Divorce

Regretfully, there may be times when people rush into a marriage only to find that they are not compatible. In these instances, there is often a belief that it is possible to get an annulment, and this will be easier than going through normal divorce proceedings. However, this is not the case, and an annulment actually serves a very specific purpose in the legal setting.

In order to get an annulment, you must prove that your marriage was never legally valid. This can stem from a variety of causes, but some of the more common causes are when individuals accidentally marry distance family members or individuals that were intoxicated at the time of the marriage. However, if your marriage was legally valid for any point of time, then it will be exceedingly difficult for you to be approved for an annulment. 

Myth: You Must Leave The Home To Be Considered Separated

Most states have laws that require individuals to be separated for a set amount of time before they are able to formally file divorce papers. This period is intended to allow the couple to make sure that divorce is what they want, but this separation period can present problems. It may not be financially feasible for one spouse to move into another home, and in these instances, the court will usually allow the separation period to occur while both spouses live in the same house.

Usually, there are stipulations with this type of exception that requires the two parties to occupy separate parts of the house and keep their interactions at a minimum.  While this type of arrangement can lead to awkward moments, it may be the best option for those wanting to divorce but unable to vacate the house for the required amount of time. 

Legal separation can be confusing and stressful for reasons ranging from financial issues to custody concerns. However, if you believe common myths about these proceedings, you may find it even harder to make sound choices during this stressful process.