A legal dissolution of marriage can occur through two distinct processes, each grounded in different premises. One process, often termed a marital invalidation, treats the marriage as if it never legally existed, typically due to factors present at the marriage’s inception. Examples include fraud, lack of consent, or legal impediments such as bigamy. The other process acknowledges the marriage’s initial validity but terminates it due to circumstances arising during the marital union. This includes grounds such as irreconcilable differences, adultery, or abandonment.
The distinction between these two legal avenues holds significance in several areas. It affects property division, spousal support, and even the legal status of children born during the marriage. Historically, the marital invalidation route was often pursued when divorce was difficult to obtain, particularly under strict fault-based divorce laws. Understanding these dissimilarities is crucial for legal clarity and ensuring fair outcomes for all parties involved.
