How to get an annulment in Ohio?
When marriage ties become intolerable, couples often opt for legal means to end their marriage and reclaim their individuality. While divorce is a well-known choice, there is another alternative, i.e., annulment. An annulment can declare a marriage null and invalid retrospectively as if it never occurred.
However, the annulment process is a complex legal procedure that differs by jurisdiction. Understanding the complexities of annulment in Ohio is critical for those wanting to dissolve their marriages for specific reasons.
What is an annulment?
In Ohio, there are several ways of getting separated for a married couple, such as divorce, dissolution, or annulment. Opting for an annulment results in the marriage being deemed null and void. This occurs when a judge orders that a marriage never took place and the relationship is formally ended.
Unlike a divorce, an annulment cannot be granted unless the termination meets one of the nullification grounds.
What is the difference between annulment and divorce?
Ohio State law considers annulment as declaring a marriage “invalid,” whereas divorce ends a legitimate marriage. In a divorce, either partner may apply at any moment. However, this varies from an annulment, which usually involves initiating the process within two years after the marriage unless one party may stop the marriage within two years after achieving the legal age of marriage. An annulment may be sought within two years after discovering false marital intentions.
Grounds for Annulment in Ohio
Void Marriages
Void marriages are those prohibited by law under Ohio Rev. Code § 3105.31 (2022). It is because one of the spouses was already legally married to someone else, or the spouses were close relatives. These marriages aren’t valid from the beginning, so any subsequent conduct by the spouses, such as living together, will not make it valid.
Voidable Marriages
Additionally, certain other events might also nullify a marriage. These come under Voidable marriages (Ohio Revised Code 3105.31, 2022). Voidable marriages in Ohio allow annulments for the following reasons:
- One spouse was under the legal age of consent during the marriage unless they lived together even after the spouse attained the legal age.
- If one spouse was mentally incompetent or unable to agree to the marriage unless they both lived together after the disabled spouse recovered.
- If one spouse utilized deceit or coercion to secure the other’s marital permission unless they both kept living together after the misled spouse learned all the facts.
How to get an Annulment in Ohio?
One should consider the whole procedure before opting to take the road of marriage annulment. The following are the essential processes to declare your marriage annulled in Ohio:
Determining the eligibility
In Ohio, there are specified reasons for annulment, which include:
- Fraud
- Duress
- Physical disability
- Bigamy
- Marriage between minors
- Marriage to get citizenship or a green card
Hiring a lawyer
It is advisable to employ an Ohio annulment attorney to assist with the legal procedure.
Filing petition
Once a solid cause is established, the attorney will assist in filing a petition for annulment, which officially initiates the legal procedure in the court.
Attending hearing
A court hearing will be arranged, during which the petitioner and their spouse will submit facts and arguments to support their respective viewpoints.
Judge’s decision
After the hearing and submission of written statements, the court will adjudge upon the annulment of the marriage. If approved, the marriage will be declared null and void, and the couple will be recognized as never married.
Cost for an Annulment
An annulment process costs less than divorce proceedings, but it may take a year or more if the parties cannot agree to dissolve the marriage.
Compensation
Spousal monetary support or any compensation is often unavailable in Ohio who are pursuing an annulment unlike divorce cases. Unless the issue is taken to civil court and the grounds for annulment entail fraud perpetrated by the opposing party, the complainant party will not receive any compensation in an annulment case.
Conclusion
In conclusion, the annulment process in Ohio provides individuals with an alternative path to dissolve a marriage under specific circumstances. While annulment is generally less costly than divorce, it necessitates meeting specific criteria for a marriage to be declared null and void.
Our dedicated annulment attorneys in Ohio understand the significance of the timeline and sensitivity of the issue and are committed to handle the necessary documentation, guaranteeing that the case will be comprehensively prepared. Contact our firm now to initiate the process and secure your rights.