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grounds of termination

Dec 02

What Are the Differences Between Getting an Annulment and a Divorce?

Key Differences Between an Annulment and a Divorce

If you’re considering ending your marriage with the assistance of a divorce lawyer, you’re not alone. In the USA, about 50% of marriages end in divorce. Second and subsequent marriages have even higher divorce rates, and understanding the difference between an annulment and a divorce will help you make the best decision for your personal and financial future.

Invalidation of the Marriage

The biggest difference between a divorce and an annulment is that an annulment declares the marriage to have been legally invalid. A divorce is the ending of a legally valid marriage. By declaring a marriage invalid, an annulment is like erasing a marriage. However, the legal marriage records still remain on file in the courts. A religious annulment has no legal standing. If you want a legally binding annulment, this requires a court process.

Legal Termination of a Valid Marriage

A divorce is the legal termination of a valid marriage. The divorce decree states that both parties are single again. It ends all of the legal rights and obligations that married spouses have to each other. It also ends the legal benefits of a marriage, such as health care and survivorship benefits.

Reasons for a Divorce

Courts accept a wide variety of reasons for a divorce. The most common type of divorce is a no-fault divorce. This means that neither party is the cause of the ending of the marriage. “Irreconcilable differences” is the most frequently cited reason behind a no-fault divorce.

Pennsylvania law allows you or your soon-to-be-ex-spouse to file for a fault divorce. A fault divorce entails proving that the other party in the marriage acted in a way so as to end the marriage. Some reasons for a fault divorce include adultery, domestic violence, and cruel treatment. In a fault divorce, there are differences in the divorce settlement. For example, the spouse who committed adultery may be ineligible for alimony. The other spouse will have to prove to the court that the adultery took place in order to be granted a fault divorce.

Reasons for an Annulment

You may consider filing for an annulment if you or the other party believes that the marriage should never have taken place. For example, you may have gotten married by the justice of the peace after going on just two dates with your spouse. If you decide this marriage should never have taken place, filing for an annulment is a way to erase the marriage. Other reasons for an annulment include the discovery of secrets. If you would have had access to this information at the time of the marriage, you would not have gone through with it. For example, if your spouse had a child and didn’t tell you about them, this may be a reason for annulment.

Legal Grounds for Annulment

Pennsylvania courts also offer legal grounds for annulment that are not available for divorce. For example, if the marriage is incestuous or if one or both of the spouses were not legally old enough to marry, these are grounds for an annulment.

Eligibility for Alimony

After an annulment, neither party is eligible to receive alimony or spousal support. After a divorce, one of the parties may be able to receive alimony. Alimony may be granted if one person was a stay-at-home spouse or parent, cannot work, or earns significantly less money than the other spouse.

A consultation with a divorce lawyer in Jenkintown, PA, makes it easier to understand the options for ending your marriage. After consulting with a divorce attorney, you’ll have peace of mind knowing that you explored all of the options and made the best possible decision for your future. For more information about the differences between an annulment and a divorce, contact the Law Office of Joanne Kleiner at 215-886-1266, or fill out our online form today.

Oct 18

Mistakes Men Make When Paying Alimony

Common Mistakes Men Make With Alimony

For many people, going through a divorce or separation can be taxing, both emotionally and financially. Many men are often required to pay their ex-spouses alimony to support them, but only 3 percent of the 400,000 people receiving alimony are men. Unfortunately, there are a few common mistakes that men who are required to pay alimony often make.

Hiding or Spending Money

In an effort to reduce what they have to pay to their spouses, many men opt for hiding their money in other accounts or spending the funds that they already have to reduce the spousal support they will have to give to their exes. These men are still required to pay more because the rate is based on an individual’s income rather than how much money is sitting in his bank account. Those who are caught diverting part of their earnings will hurt their credibility. It’s best to pay the required amount and play it safe to avoid having it affect your financial state long term.

Failing to Obtain Legal Representation

Many people don’t understand how complicated and rigorous the process can be when heading to court for an alimony case. Many men overlook the need for the assistance of a lawyer. Without the help of an attorney, it can mean having to pay more in spousal support than necessary. A lawyer can inform an individual of his rights and could help lessen the impact of his financial loss after the divorce is finalized. A legal professional will work hard to defend his or her client and evaluate the details and facts of the situation to determine how much the other party needs to maintain his or her lifestyle. With the help of an attorney, it can also be easier to navigate the process and know what to expect due to the professional’s experience and knowledge.

Choosing Lump-Sum Payments

It can be easy to assume that choosing to pay a lump sum to the other individual can be more convenient when paying alimony. Some people think that this will allow them to pay the least amount of money or that it can help them get out of the situation quickly and move on with their life. Although you may want to wipe your hands of the divorce, it can cost you more to pay money up front rather than over a period of several years. Long-term payments that are made are often more affordable because the agreement can always be terminated. If the wife ends up remarrying another person or moves in with another individual, then it is grounds for discontinuing the support that is provided by the former husband.

Failing to Specify Grounds of Termination

Issues often occur when the grounds of termination for the alimony are not specified and are vague. In the agreement, specific language needs to be used, which can include if the man’s financial situation changes in the future or if one of the parties remarries. It’s important to use language that is specific to avoid confusion. Strong language needs to be used in the paperwork to ensure that both parties understand the terms and that the person paying alimony is protected if he ever seeks to terminate the agreement.

A Lack of Self-Care

Taking care of yourself after going through a divorce and starting to pay the spousal support payments is necessary to avoid becoming bitter and overly angry at your ex. Although it’s not always easy to pay alimony long term, it can be challenging to make informed decisions and think clearly when you’re upset. It’s best to seek the help of a counselor or therapist to help you maintain your emotional well-being and continue to protect yourself with each decision that is made. It will also make it easier to move on from the situation and look forward to the future.

The Law Office of Joanne Kleiner is here to assist you if you have a legal situation involving payment of alimony. With the help of our practice, we’ll make it easier to know how to protect yourself and reduce the impact when going through a divorce. Call us in Jenkintown at (215) 886-1266 for the assistance you need during this trying time.

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