Separation, dissolution and nullity

When a couple seeks to terminate their marriage they have three options to pursue. The most common alternative is divorce or dissolution. This simply involves ending an existing marriage. Another common option is nullity or to nullify the marriage. This involves proving the marriage was never valid and that it never took place. The last option is a separation which involves all the same child custody, property and support issues but does not actually terminate the marriage.

The first option dissolution of marriage is the most common. The couple will terminate their marriage, split up community property, resolve child custody and supports issues. There are numerous requirements including a six month waiting period and residency requirements. When compared to nullity and separation numerous benefits and disadvantages will become apparent

Nullity requires one party proving there was a flaw in the creation of the marriage. These treats the couple as if the marriage never took place and no community property was ever created. One disadvantage is that nullity requires one party to prove fault to receive property or spousal support under the doctrine of pretermitted spouse. Some advantages include removal of the 6 month waiting period, no residency requirement and avoiding religious complication associated with divorce.

The last option is legal separation. This acts like divorce without actually terminating the marriage. The spouses will resolve child custody, divide property and establish spousal and child support. This offers the advantage of dissolution, but still allows for the benefits of marriage. Health insurance is a common reason for a couple to file for a separation instead of dissolution.

If you are considering terminating your marriage understanding the benefits and disadvantages of all three is important before making a decision. An attorney can go over these options with you and help you decide one that works best for you.





All custody, support and property issues will be resolved, but the marriage in entact for purposes of insurance and other marriage benefits.
Depending on your circumstances all three accomplish the separation, but have different legal effects.