A legal separation is living of two spouses apart while staying legally married (
separation). You cannot remarry if you are only legally separated. A marriage under such circumstances will be void and thus subject to annulment law. Legal separation is chosen by couples who do not want to get divorced because of religious or other reasons.
Whereas if the union is already void (bigamous or incestuous) because of certain reasons (annulment), the court nullifies it by an annulment decree. Annulment of a marriage leaves both of the partners single again and thus free to remarry.
Filing Procedure-Separation and Annulment
Filing for Separation
You can either go for a legal separation or an informal separation. For legal separation, you are required to file in a court of law however for an informal separation, you can settle matters on your own too.
Separation becomes effective from the date one or both of the spouses decide upon living apart. The date from which a husband and wife are physically separated from each other is called “The Date of Separation”. Once you have filed for separation, you can ask a judge to intervene and resolve issues like child and spousal support, visitation and family violence protective orders.
Filing for Annulment
An annulment decree can only be passed by a court of law. It is done after taking in consideration the grounds for it. It is a complex procedure with many different clauses which only a divorce attorney can make easy for you.
Child Custody Laws- Separation and Annulment
Separation and Child Custody
In case of separation, a parenting plan regarding visitation and custody is decided upon by the couple. However the court is not bound by the agreement and may decide otherwise keeping in view the best interest of the children involved.
Annulment and Child Custody
In some jurisdictions, annulment decree is not granted if there are children from such a relationship. In such cases, you can only go for divorce. Establishment of parentage is another issue which requires settlement before child support and child custody issues are decided upon by the court.
Separation and annulment are two different issues. You should consult a professional divorce attorney to understand the intricacies involved.
