Annulment and divorce are two different forms of legal separation under Ohio law. Many use the terms interchangeably without knowing that they mean two different things. Some couples choose to go their separate ways for a while to determine whether or not they can work out their issues, and others choose to dissolve their marriage completely.
An annulment is a court order declaring that your marriage is not valid. This is a legal procedure which essentially consists of cancel your marriage for various reasons. Specific criteria must be met to obtain an annulment in Ohio. These criteria are called “reasons”.
Grounds are legal reasons justifying the annulment of the marriage. The grounds for annulment differ from the grounds for divorce or dissolution of a marriage.
There are six grounds for granting an annulment, and at least one must be met. Hiring a reputable and honest divorce attorney in Columbus is best to fully understand an annulment and its criteria in Ohio.. Not only will they ensure that all necessary information is given, but they will also fight for the cancellation to be granted while fully protecting their rights throughout the process.
What is a cancellation in Columbus?
A void is entered by court order in Columbus and the rest of Ohio. Essentially, an annulment makes the marriage seem like it never happened and the marriage is officially terminated.
An annulment is not like a divorce. A divorce can be granted for any reason, while an annulment must meet the criteria for annulment. To begin with, an annulment is issued to declare that the marriage is null and void and was never a legally binding marriage.
When a marriage is annulled, there is no separation of property or division of debts.
What are the grounds for cancellation in Ohio?
In Ohio, the criteria that must be met to obtain an annulment prove that the marriage was not real or illegal.
These criteria – known as grounds – determine whether the marriage was ever legally binding and may include the absence of a legally binding contract, the completion of a marriage ceremony, forced marriage, fraud or non- consummation of the marriage.
There are six grounds for annulment in Ohio, and at least one must be satisfied for a marriage to be annulled.
Minor at time of marriage
A marriage can be annulled in Ohio if either spouse was under the age of consent at the time of the marriage. However, if the spouses continued to live together after the majority of the spouse, the annulment would be more difficult to obtain.
Mental incapacity or incompetence
The marriage can be annulled if a spouse cannot consent to the marriage due to mental incapacity or incompetence. Essentially, the person was not in the right mental state to consent to the marriage. However, if the spouses continue to live together after their mental capacity returns, it may be more difficult to prove that an annulment is necessary.
Fraud or Force
Another way to get an annulment is to prove that the marriage was fraudulent or that force was used to get the spouse to consent to the marriage. Spouses who have been lied to or given false information about their partner may claim that the marriage is fraudulent. Spouses forced to marry their spouse can claim that they were coerced into doing so. However, if the spouse discovers the truth and continues to live with them, it may be more difficult to prove fraud or force. Hence the difficulty of obtaining an annulment.
If the spouses have never consummated their marriage, they can obtain an annulment. Even if the marriage was otherwise valid, a spouse could ask the court for an annulment if he never consummated his marriage. However, this can be difficult to prove.
If the marriage takes place between two close relatives, the marriage will be considered void from the beginning. Even if the two people live together, share bank accounts, etc., the marriage is still not valid.
If a person is already married, their new marriage will be considered void from the start. This meant that marriage was never legal or binding. If the spouse requesting an annulment was lied to about the ongoing marriage, they would also meet the criteria for fraud.
What are the deadlines for requesting an annulment in Ohio?
Some time limits depend on the grounds on which a spouse is requesting an annulment in Ohio. The time limit set for each reason for cancellation differs depending on the criteria and the person requesting the cancellation. The deadlines are as follows:
- When a spouse claims that their marriage was forced or was not consummated, they have two years from the date of the marriage to request an annulment.
- If a spouse has lied or his spouse has committed fraud to obtain his consent to the marriage, the spouse has two years from the date of the marriage to request the annulment.
- When a person requests an annulment because they were a minor at the time of the marriage, they have two years after reaching the age of 18 to file an annulment request.
- A parent or guardian of a spouse may request an annulment before the minor spouse reaches the age of 18.
- If a spouse discovers that their partner was currently married at the time of their marriage, they have until the end of their spouse’s life to request an annulment.
- If an aggrieved spouse, spouse’s parent, or guardian realizes that their family member was mentally incapable at the time of the marriage, they can seek an annulment before either spouse dies.
Hire a divorce lawyer near you
Legal proceedings will be necessary to obtain a cancellation. Any evidence proving your claims must be presented during the legal proceedings. A experienced divorce lawyer can provide more detailed information about the cancellation process and what to expect at the hearing.