Annulments: Alternatives to Divorce in Ohioby Erin Wilkins (Law Office of M. Erin Wilkins, LLC)
As with many states, divorce in Ohio has steadily increased. From 1970 to 2000, divorce rates more than doubled, from 3.7% to 7.8% per 1,000 couples. For many, it’s an unfortunate reality. If you’re considering ending your marriage, there’s bound to be a lot on your mind. Thoughts of legal proceedings may come second or even third, to concerns about children and your financial future.
What you may not know is that in Ohio, divorce is not your only option. Special circumstances may allow you to file for an annulment instead. A consultation with a Cincinnati divorce lawyer will help you figure out if you are eligible for an annulment in Ohio.
What is an Annulment?
An annulment is basically a court’s way of declaring a marriage as null and void. It’s another way of saying the marriage never occurred, since it was invalid at its inception. After an annulment in Ohio, both spouses can opt to remarry.
In What Situations Can I get an Annulment in Ohio?
Law provides for several specific circumstances in which an annulment in Ohio is valid. Most marriages will not meet these specialized criteria, but if you believe your marriage may qualify for an Ohio annulment, you should speak to a Cincinnati divorce lawyer about this option.
Below are a few special situations that would qualify for an annulment in Ohio:
- Underage Marriage: If either you or your spouse were younger than the age allowed for marriage in Ohio and you did not obtain the required permissions, you can get an annulment in Ohio
- Fraud: A marriage that has occurred under fraudulent terms can be annulled in Ohio. An example of fraud would be if a woman were pregnant with another man’s child at the time of the marriage, but told her future husband that the child was his.
- Bigamy: It is not legal to be married to more than one person at time, so if you or your spouse were legally married to someone else when you married each other, this can also be grounds for an annulment in Ohio.
- Mental Incapacitation: If you or your spouse were suffering from any type of legally recognized form of mental incapacitation at the time of the union, you can ask for an annulment in Ohio.
- Failure to Consummate Marriage: If you or your spouse is unable to consummate the marriage, you may qualify for an annulment within 2 years of the union.
- Force: If the marriage was entered into under the threat of force, either spouse could apply for an annulment in Ohio.
In order to receive an annulment in Ohio, you’ll need to be able to prove these claims in court. To do so you’ll want to work with a Cincinnati divorce lawyer to gather the necessary documents and evidence. Just because you have the option for an annulment does not make the end of the marriage any easier than in the case of divorce. Having a Cincinnati divorce lawyer to handle the details may help expedite the process.
Contacting a Cincinnati Divorce Lawyer
The Law Office of M. Erin Wilkins helps clients in both Kentucky and Ohio in matters of divorce and other aspects of family law. We serve clients in Campbell, Kenton, Boone, Pendleton and Grant Counties in northern Kentucky, as well as Hamilton, Clermont, Warren and Butler Counties in southwest Ohio. Contact us today to schedule a consultation – 859-491-1100