Marital Separation in Family Law

Marital Separation in Family Law

Marital Separation in Family Law

Popular aphorisms say there is no flawless and ideal marriage, only imperfect couples sharing a perfect marriage. Marriage is considered a proof of eternal love between a man and woman. It attests eternal understanding between couples. Nevertheless, irreconcilable differences are inevitable. Couples do not concede in several matters and issues. Misunderstanding and unresolved arguments lead to separation.

In the United States, the government recognizes marital separation. There are three types of marital separation. These are divorce, annulment, and legal separation. In divorce, the court nullifies marriage. Marriage is nullified because of irreconcilable differences. Any party can file a divorce case. The other party will be notified by the court after legal filing. Divorce is the easiest and fastest method of marital separation. The court easily recognizes irreconcilable differences between husband and wife.

Moreover, annulment disregards the validity of marriage. The court declares marital invalidity for two reasons: bigamy and incest. Bigamy refers to multiple marriages. A husband or wife is not allowed to marry another partner. Bigamy is strictly prohibited in American family law. Incest is a marriage between close family relatives. The court declares marital invalidity from the start of marital bond. Therefore, couples are not legally bound to perform marital responsibilities.

Legal separation is another way of marital separation. Nevertheless, legal separation does not invalidate marriage. It only legalizes physical separation between husband and wife. A woman still carries the name of his husband. Likewise, a man is still legally bound to perform marital responsibilities. This is the most common means of marital separation in Los Angeles. A family law lawyer Los Angeles arranges marital responsibilities of husband and wife.

Los Angeles family laws settles spouse and child support during marital separation. A husband is required to provide monetary support to his wife and children. In legal separation, husband and wife are not allowed to remarry. A family law lawyer Los Angeles arranges "no re-marriage agreement" between couples. This applies to marriage in even in other states.

In divorce and legal annulment, Los Angeles law protects the parenting right of both parties. Thus, a family law lawyer Los Angeles arranges child custody provisions in marital separation. This gives a husband and wife equal rights to see their children.

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