City not listed? Use the search field at the top of the page to find local lawyers.
A legal separation is a court order that mandates the legal rights and duties of a married couple while they are living apart. A divorce is the legal end of a marriage. There are advantages and disadvantages to both. There are many things to consider when contemplating legal separation vs. a divorce, including:
The divorce process can vary, according to the state you live in and the specific circumstances for seeking a divorce. Some general steps that are commonly included in the divorce process are:
The legal theory underlying annulment is that the marriage was never valid to begin with, meaning that the marriage never existed in the eyes of the law. In legal terms, marriages subject to annulment are classified as "void" or "voidable," and are sometimes called "nullified" marriages. Annulment is distinct from divorce in that a divorce terminates a previously valid marriage.
There are several legal implications individuals should examine when considering divorce. While state laws and individual circumstances vary, common areas to be aware of are:
The division of marital property after a divorce will generally depend on whether or not you live in a community property state. The best way to determine whether your state is a community property state is to talk to a local attorney who can tell you what the law is and who can help you understand how that affects your situation.
Community property states consider nearly all property obtained after the marriage as equally owned by both spouses. As a result, the property will generally be equally split after the divorce. Absent community property statutes, it's typically up to the court to divide marital property between both parties. In either case, courts will normally accept a property division agreement if the spouses can create their own.
Make informed decisions with useful legal information.
Learn About the Law articles clearly explain what you need to know about a wide variety of legal issues. You'll also find answers to common legal questions and case summaries to explore.
Read about choosing and retaining legal help with FindLaw's Guide to Hiring a Lawyer.
Our Guide to the U.S. Legal System explains legal basics including federal and state court systems.