This may seem like a fairly simple question and, in actuality, it is simple – a divorce is a legal action in which two spouses terminate their marital relationship. In Georgia, a divorce “annuls a marriage from the time of the rendition of the decree.” OCGA §19-5-15. Unlike an annulment, a divorce does not erase the marriage from the record books from the start and pretend that it never happened. Rather, the marriage is terminated upon the granting of the divorce.
Though what divorce means is pretty black and white, a British woman recently didn’t see it that way. According to an article on Huffington Post, the woman sued her attorneys claiming they should have told her that by getting a divorce, she would be…divorced. UK Woman Sues Attorneys for Not Warning Her Divorce Would Terminate Marriage, huffingtonpost.com, January 13, 2014. The woman claimed that her attorneys failed to explain to her that a divorce would terminate her marriage and said that they should have suggested a legal separation to her instead. Her case was dismissed.
While this case sounds bizarre, let it be a warning to always make sure you understand everything your attorneys are telling you about the divorce process. If you don’t understand something, ask questions. It is your case and your life and you deserve to know how the process works.