Separation - Who Should Move Out?
Mediation and Arbitration in Divorces
Establish a Will or Trust to Ensure Your Wishes Will Be Executed
How Public Policy Can Affect A Will
Paternal and Maternal Abandonment
Parental Alienation Syndrome
Parental Responsibility
Marriage Trends
Divorce and Children
Pet Custody
Alimony and Palimony
Financial Separation
Family Violence
Separation Agreements
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Discipline and the Courts
Parenting Plan (Part 2)
Parenting Plan (Part 1)
Divorce, Separation and Annulments
The Importance of Financial Agreements in relationships
Common Law Separation
Child Custody
Annulment of Marriage
Marriage Separation
Case Conferences - What's the Purpose?
Family Law Statutes Amendment Act, 2009
Changing a Child’s Name
Restraining Orders
Child Custody and Access Applications

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Divorce, Separation and Annulments

Divorce, Separation and Annulments

Posted by Avery Zeidman | Published September 30, 2014

Annulments aren’t restricted to correcting drunken errors in judgment as often portrayed in comedies. They are a reality and pursued by individuals who would like to reverse their decision of marriage.  It is a legal tool used to render a marriage void and in most cases, it deems the marriage as never having happened.

A separation is where the married individuals are no longer in a communal relationship. In some instances, they live at separate residences but it is not a requirement; they can also live under the same roof.  The onus is on them to prove that they are no longer a functioning marriage unit (not sleeping together or engaging in the usual familial activities).

A divorce is the legal conclusion of a marriage before death between two individuals who have agreed to terminate their marriage.

 A few common reasons for annulments are:

  • When someone is considered mentally incapacitated and does not understand what a marriage is or entails
  • If someone is already married
  • When one of the individuals is of close blood relation to the other (sibling, by parentage, etc)
  • If you are a minor (under eighteen) and do not have the legal consent of your parents or guardian
  • “Shotgun” weddings (a spur of the moment act)
  • If someone was “duped” into the marriage (where they were under the impression that it was not a real marriage ceremony)
  • Immigration purposes (it is important to note that as a stand-alone reason it may not be grounds for an annulment; it needs to be coupled with other factors that qualify for annulments)
  • When a spouse ably chooses (deliberately chooses) not to have sex with their partner

Grounds for Divorce are:

  • Adultery
  • If the married couple has been living apart for a year or more
  • Mental and or physical abuse

There is a legal process that has to be followed when filing for any of the above mentioned categories. Retaining professional legal services is the first step to turning the page in this chapter of your life. 

Whatever the reason behind your decision, it can be a difficult and stressful part of your life.  It is in your best interest to be informed of your rights with a caring and experienced company who can ease the legal burden of the process.  We at Zeidman Law offer a free initial consultation to educate and inform you of your rights through this trying process.

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