Law Office of Roderick D. Thomas

Parties that no longer wish to live as husband and wife may file for a declaration of invalidity (formerly known as an annulment), legal separation or dissolution of marriage (divorce). A declaration of invalidity treats the marriage as if it had never occurred.  However, a court will declare a marriage invalid only in certain limited circumstances that include a spouse lacking capacity to consent to marriage or lacking physical capacity to consummate the marriage, a spouse being underage without parental consent or judicial approval or the marriage is prohibited.

A legal separation is a legal declaration that the husband and wife are living separate and apart.  However, when a legal separation is awarded, the parties are still legally married.  If the parties are not certain that they want to end the marriage, a legal separation is a method of requesting support or maintenance while living separate and apart.

A divorce formally terminates a marriage. A divorce can be obtained when either party has sufficient grounds for the divorce.  Though other grounds for divorce exist, some of the more common grounds include abuse, whether physical or mental, adultery, infection with a sexually transmitted disease,habitual drunkenness or excessive use of addictive drugs. A divorce can also be obtained for irreconcilable differences after 2 years of separation or, if both spouses agree to waive the 2 year requirement, after 6 months of separation.

The above is not intended as a substitute for legal representation. You should consult an attorney at the earliest stage in the process.