Individuals face the full gamut of emotions when they seek an annulment, divorce, or separate maintenance, because they are dissolving their family structures.  Everyone involved, from the lawyers to the presiding judge, wishes that the parties could work things out.  However, when they cannot, legal avenues can provide points of finality and rebirth to each party.

Annulment is an often-desired avenue to get out of a marriage.  However, it seldom can be used.  This is because it is a drastic measure which legally negates the marriage.  Therefore annulments can only be granted in very limited circumstances.  The length of the marriage is not a factor in the determination of whether or not a marriage can be annulled. A person may file for divorce on the following grounds:

• adultery
• physical cruelty
• habitual drunkenness
• desertion for a period of one year
• living separate and apart, without cohabitation, for a period of one year

Filing for separate maintenance is not a prerequisite for filing for divorce.  However, it is helpful and necessary in those situations in which a party is unable or unwilling to divorce but needs some issues of the marriage resolved.