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When you want to get out of your marriage, you have options. You can choose to be legally separated, file for divorce, and in some cases, an annulment may be an option and your best choice. Here is the difference between these 3 options that you should know about prior to talking to family law attorneys in Charleston. Legal Separation A legal separation is similar to a divorce in nearly every way except for one: the parties are still married. A legal separation might be a good option if there are significant issues that prevent you and your spouse from staying together and living together, although you are both committed to the marriage. Like divorce, child or spousal support may be paid to the other spouse during the separation, but in order to distinguish it from alimony or child support in a divorce, it is typically referred to as spousal or child maintenance. Trial Separation Many people often confuse a legal separation with trial separation. A trial separation is something that many couples do to help themselves determine whether staying together or filing for divorce and being apart is a better choice. A legal separation is something that is filed with the court and is legally binding. If you would just like to try out living separately from your spouse for a time, a trial separation may be a good option. In fact, many experts suggest a trial separation prior to divorcing. Divorce A divorce is a dissolution of marriage. There are many benefits and drawbacks alike to divorce. Unlike an annulment, which essentially makes it as if the marriage never existed in the first place, a divorce involves one spouse filing a petition to divorce. In most states, there does not need to be any specific conditions to divorce, and the property will be divided equally between the parties in most states as well. Annulment An annulment, unlike divorce, does require that certain conditions have been met. For example, a couple that has not consummated the marriage may qualify for an annulment. Some other situations that might warrant annulment include marriages where one or the other spouse is underage or if the marriage occurred while one or the other spouses was mentally incompetent to enter into the contract. Deciding to split from your spouse is the hardest part of the whole process. Make sure you work with outstanding family law attorneys in Charleston who are familiar with what you’d like to do and who can also provide you with some guidance as you make difficult choices.
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