Deciding To Split

Posted on: 14 July 2015

A divorce can be one of the most painful experiences that a person can go through, but it may be the only way to escape a failing marriage. Unfortunately, there are many misconceptions about divorce that people often believe, and these notions may lead them to assume this process will be far more difficult or confusing than necessary. In particular, you may benefit from having the following couple of myths clarified. 

Myth: You Will Always Have To Prove Fault To File For Divorce

There is a common assumption that you will be required to prove that the other party was responsible for the marriage's failure. Not surprisingly, this can cause you to feel apprehension about this process, and you may even delay the start of this process. Luckily, you should be relieved to learn that this is not a required in most areas.

In a few states, it is still required to provide a reason for the marriage failing, but this does not involve proving the matter. Interestingly, there is an option available to indicate when the couple can not agree on the reason for the divorce. This will ensure that your spouse is not able to stop the divorce by failing to agree to a cause.

Myth: Annulments And Divorces Are The Same

Some people believe that an annulment and divorce are essentially the same, but this is not the case. A divorce is the termination of a valid marriage, and an annulment is the dissolution of a marriage that was never valid. As a result, you will only be able to qualify for an annulment if you can prove that your marriage was never valid.

For example, if it is discovered that you and your spouse are related, you would be able to qualify for an annulment. However, this is not the only example, and there are many other instances where an annulment may be an option. Not surprisingly, you will likely benefit from speaking with an experienced divorce attorney to determine if an annulment is a suitable option for your situation. 

If you are considering ending your marriage, it is important for you to have accurate information when you are making this decision. By understanding that you will not have to prove a reason for the marriage failing and the difference between a divorce and annulment, you will be in a much better position to make an informed decision about your divorce. In addition to reducing the stress you will experience from this process, you may also be better able to ensure the outcome is to your liking. 

For more information, consult a professional like A. Scott Kalkwarf.