Divorce On The Cards: Wedding Night Regrets

If you're considering ending your marriage, it's important to understand the legal process and your options. While it's technically possible to initiate divorce proceedings shortly after a wedding, there are typically time requirements that must be met before a divorce can be finalised. In most jurisdictions, you and your spouse need to be separated for at least a year before a court will grant a divorce. This period can be shorter if there are special circumstances, such as adultery, emotional or physical violence, or cruelty. Alternatively, you may be able to seek an annulment, which treats the marriage as if it never happened, but this is generally only applicable in specific situations, such as fraud or bigamy. State-specific laws and procedures also play a role in the divorce process, so it's essential to understand the regulations in your area.

Legal reasons for divorce

The legal reasons for divorce vary by state, but there are some generally accepted grounds for filing for an "at-fault" divorce. These include:

• Adultery or cheating
• Mental incapacity at the time of marriage
• Marriage between close relatives
• Impotence at the time of marriage
• Force or fraud in obtaining the marriage
• Criminal conviction and/or imprisonment
• Mental or physical abuse
• Drug or alcohol addiction

In the past, most states only granted divorces on fault grounds, but today all states have adopted the "no-fault" divorce. In a no-fault divorce, neither party is held responsible for the failure of the marriage. Common grounds for a no-fault divorce include irreconcilable differences, irretrievable breakdown, incompatibility, or a period of separation, depending on the state.

In the United States, the majority of states are no-fault divorce states, but some still require the individual filing for divorce to provide a reason for doing so. While many are able to file for a no-fault divorce, fault may come into play when courts are considering child custody and visitation matters.

Regardless of the type of divorce, the only legal reason you need to be granted a divorce is that your marriage hasn't worked. In most cases, you can begin the steps toward divorce before the 12-month separation period, but the divorce cannot be completed until one year has passed. During this time, you must live apart from your spouse with the intention of ending your marriage.

Annulment vs divorce

While both annulment and divorce are legal procedures for dissolving a marriage, there are some key differences between them.

Annulment

An annulment is a legal procedure that deems a marriage null and void. In other words, an annulled marriage is erased and it is declared that the marriage never technically existed and was never legally valid. An annulment can only occur if a party can demonstrate that a marriage lacks formal or essential validity. For example, if the marriage was forced under duress, or if one spouse was already legally married to someone else.

Divorce

A divorce is a legal procedure that cancels a legally valid marriage. It acknowledges that the marriage existed and then ended. To get a divorce, you must be separated from your spouse for at least 12 months, though this can vary depending on your location. A divorce can be either no-fault, where neither spouse is named the guilty party, or fault-based, where one spouse is deemed responsible for the breakdown of the marriage.

The main difference between annulment and divorce is the conclusion: divorce ends a legal marriage, whereas an annulment says that the marriage was never legal. Annulments are typically more socially accepted than divorces, though divorce still carries a lot of stigma, especially in religious communities. Annulments are generally more difficult to obtain than divorces, as they are granted based on specific circumstances. Annulments also tend to be faster to finalize than divorces, as they do not usually involve lengthy legal proceedings.

Divorce application process

In most cases, you cannot get a divorce the day after your wedding. In Australia, for example, you must have been separated for at least 12 months and one day before you can apply for a divorce.

In the US, the process of ending a marriage is called divorce. The only legal reason you need to be granted a divorce is that your marriage hasn't worked. However, you and your spouse need to be separated for at least 12 months before you can end your marriage legally. In most cases, you can begin divorce proceedings before the 12 months, but the divorce cannot be completed until a year has passed. During this time, you must live apart from your spouse with the intention of ending your marriage.

• File the divorce petition: One spouse, known as the petitioner, must file a legal petition asking the court to terminate the marriage. The petition must include a statement that at least one spouse meets the state's residency requirements for divorce, a legal reason for divorce, and any other statutory information the state requires.
• Request temporary court orders: You can ask the court for temporary orders regarding child custody, child support, and spousal support when you file for divorce.
• File proof of service: When you file for divorce and request temporary orders, you must provide a copy of this paperwork to your spouse and file a document called proof of service with the court.
• Negotiate a settlement: Unless you and your soon-to-be former spouse agree on matters such as custody, support, and property division, you will have to negotiate a settlement. The court may schedule a settlement conference or arrange mediation with a neutral third party to help resolve any remaining issues.
• Go to trial (if necessary): If negotiations fail, the court must step in, which means a divorce trial. Typically, a trial is held before a judge, but it may be held in front of a jury in some cases.
• Finalize the judgment: The final step in the divorce process is when the judge signs the judgment of divorce, also called an order of dissolution. This ends the marriage and specifies the details regarding custodial responsibility, parenting time, child and spousal support, and the division of assets and debts.

It's important to note that the divorce application process can vary depending on your location and individual circumstances. It's always best to seek legal advice from a qualified professional to understand your specific requirements.

Remarriage laws

Some states, such as Texas, require a waiting period between the end of one marriage and the start of the next. If you want to marry the same person again after divorcing them, you will need to apply for a new marriage license.

It is illegal to marry someone else while you are still legally married and going through a divorce. This is considered bigamy, which is a federal crime and is illegal in all states. If you marry someone before their divorce is finalized, even if you didn't know they were still married, this constitutes bigamy and the marriage is considered void.

Legal separation

In most states, a legal separation is when a married couple makes a formal (legal) decision to live separate lives. It is different from simply living apart informally. A legal separation does not end a marriage, and neither spouse can remarry. A trial separation, on the other hand, is when a couple lives apart without legally changing their status.

There are several reasons why a couple might opt for a legal separation instead of a divorce. For example, one or both parties may belong to a religion that does not allow or looks down upon divorce. Legal separation allows them to lead separate lives without violating their religious beliefs. A couple may also choose legal separation if they are unsure about getting a divorce. It forces them to make decisions about finances, property division, child custody, and other matters, but they can easily revert to being married if they change their minds. Finally, legal separation may be preferred for financial reasons. For instance, legally separated spouses may be able to stay on each other's health insurance, or be treated as a married couple for determining Social Security or pension benefit eligibility.

However, there are also disadvantages to legal separation. Legally separated spouses cannot remarry, and even entering a new romantic relationship could be considered adultery, potentially affecting property, custody, and support awards. A legal separation may not prevent one spouse from inheriting from the other or maintaining certain legal rights of a spouse, and in some states, it may not prevent one spouse from becoming liable for the other's debts. Additionally, pursuing a legal separation may cost as much as a divorce.

In most cases, to legally separate, couples file a request in family court. They will need to divide assets, make decisions about child custody and support, and determine spousal support matters. If a legally separated couple later decides to get divorced, the divorce process will usually be more straightforward, as many of the major matters will have already been decided.

To end a marriage, specific procedures must be followed, and these vary by state. In some states, a minimum separation period is required before a divorce can be finalized. It is important to consult a lawyer to understand the specific requirements and procedures for legal separation and divorce in your state.

Frequently asked questions