What is the difference between a divorce, a legal separation and an annulment?
A divorce is the termination of the marital relationship between a husband and wife. A divorce completely terminates the marital status of both parties.A legal separation is a court determination of the rights and responsibilities of a husband and wife arising out of the marital relationship. A legal separation does not terminate the marital status of the parties.A marriage may be declared a nullity where (i) a party lacked the capacity to consent to the marriage, either because of mental infirmity (and the other party didn’t know about it at the time of the marriage) or because of the influence of alcohol, drugs or other intoxicating substance, (ii) a party lacks the physical capacity to consummate the marriage by sexual intercourse (and other party didn’t know about it at the time of the marriage) or (iii) a party was under the age of 18 (or age 16, with parental or court consent).
A divorce is a dissolution of marriage or a dissolution of domestic partnership and terminates your marriage or domestic partnership. After a divorce you will be considered a single person and can remarry if you wish. A Legal separation does not end a marriage or domestic partnership. You may not marry or enter into a partnership with someone else if you are legally separated (and not divorced). A legal separation is for couples that do not want to get divorced but want to live apart and decide on money, property, and parenting issues. A legal separation may be preferred for religious reasons. An Annulment is a “nullity of marriage” or a “nullity of domestic partnership” and occurs when a court says your marriage or domestic partnership is NOT legally valid. A marriage or domestic partnership that is incestuous or bigamous is never valid. Other marriages and partnerships can be declared “void” because of force, fraud, or physical or mental incapacity; one of the spouses or partners was
