Fault or No-Fault

A fault divorce traditionally requires one spouse to prove that the other spouse was legally at fault to obtain a divorce.  The “innocent” spouse is then granted a divorce from the “guilty” spouse.  Today, many states still allow a spouse to allege fault in obtaining a divorce.  The traditional fault grounds for divorce are adultery, abandonment (desertion), cruelty, imprisonment, physical incapacity and incurable insanity.  Some courts consider fault in determining the amount of spousal support.

A no-fault divorce is a divorce in which the dissolution of a marriage does not require fault of either party to be shown.   Either party may request, and receive, the dissolution of the marriage, despite the objection of the other party.

Annulment

An annulment differs from a divorce as it is a judicial statement that there was never a marriage.  An annulment means that the individuals were never united in marriage as husband and wife.  Currently, most states have annulment statutes.  An annulment declares that a marriage, which appears to be valid, is actually invalid.  There are two kinds of invalid marriages.  A void marriage is one that was invalid from the very beginning.  The major grounds for a void marriage are incest, bigamy and lack of consent.  A voidable marriage is one that can be declared illegal but continues as valid until an annulment is sought.

Fraud is the most common ground for annulment.  The misrepresentation, whether by lies or concealment of the truth, must encompass something directly pertinent to the marriage, such as religion, children or sex, which society considers the foundation of a relationship.

Physical or emotional conditions may also be elements for an annulment, especially if they interfere with sexual relations or procreation.  Other health conditions providing grounds for an annulment include, but not limited to, alcoholism, incurable insanity and epilepsy.

Alienation of Affection

Alienation of affection is a tort claim for willful or malicious interference in a marriage by a third party without excuse or justification. There are only nine states that consider alienation of affection a viable cause for action: Hawaii, Missouri, North Carolina, Illinois, New Hampshire, South Dakota,
Mississippi, New Mexico, Utah.