Divorce is more complicated than a simple word. In fact, in family law, there are two other options if divorce is not the best fit for the parties involved. These options are “Legal Separation” and “Annulment.”
When a couple files for divorce, they are filing to terminate the marriage. Other factors that the court could enter as an order are: alimony, child support, custody, pensions, property division, visitation or other issues at hand.
In Utah, legal separation is actually called, separate maintenance. As this is not a divorce, this does not end the marriage. The couple remains legally married, but their living arrangements are intended to be separate from one another. Due to the fact that the couple is no longer living together, the other court orders can still apply for child support, custody, debt payment, property division, visitation, and any other legal issue.
When a couple files for annulment, they are not asking for a divorce or that their marriage has ended. Rather, they are requesting the court state that their marriage never happened. Similar to a legal separation, a judge could enter the same orders as above: custody, child support, debt payment, property division, visitation, and so forth.
Getting an annulment can be difficult as it is hard to prove unless the couple’s marriage is clearly void under Utah Law. An example of this would be if the spouse in question was already married to someone else when they tried to marry again. For the most part, the individual must prove that the spouse withheld information intentionally. Or, one spouse told the other a lie in order to persuade them to marry. If the spouse had known the truth, they would have never married them in the first place.
Attorney Rex B Bushman is an experienced family law attorney who is here to help you with your personal legal needs. Call at (801) 652-9413 or email at firstname.lastname@example.org to schedule a time to talk about how he can help you.