Annulment Lawyer in Columbus
What is an annulment?
Handling family matters can be quite complicated and surprising. One moment, the client is cooperative, and the next moment, the defendant wants to reconcile with the Plaintiff. Such a turn of events can be surprising to an annulment attorney.
However, at the law office of Dmitry Borshchak, we totally understand that family cases are heavily invested in emotions. Our expert attorneys are well conversant with divorce cases and handle them professionally from the start to the final verdict.
Annulment, divorce, or dissolution of marriage can be confusing at times. To clear the confusion in the air, let’s begin by defining the terms.
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What is an annulment?
Annulment is a legally accepted procedure that cancels a marriage. From a legal perspective, an annulled marriage was never valid or never technically existed. In Franklin County and the rest of Ohio State, the annulment process cannot proceed if your reasons for termination don’t fall under the grounds for nullification.
Grounds for annulment
Before filing for an annulment, it’s always better to get legal advice and check whether your marriage case qualifies for an annulment. In the state of Ohio, a voidable marriage can be canceled on the following grounds:
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1. Bigamy
It happens when either of the spouses has a legally married wife or husband, and they decide to cohabit regardless, and the other person, who happens to be the former spouse, is still alive. It argues for a better case because a person can never be legally married twice. -
2. Forced consent
If one party entered the marriage unwillingly or through threats, then the marriage qualifies to be annulled because legal marriage should be based on the foundations of free consent. -
3. Fraud
Another way a marriage qualifies for annulment in Columbus, Ohio, is when one of either party entered the marriage through a lie by the other party during the cohabiting period. Some of the frauds include claiming a pregnancy or claiming a false identity to win the other party. -
4. Underage marriage
Either spouse was under the legal marriage age, which is established by section 3101.01 of Ohio laws. Furthermore, if either party did not proceed with the marriage after attaining the legal age, then the case has reasonable grounds for annulment. The legal age for marriage is 16 years for females and 18 years for males. -
5. Mental incapacity
Either spouse had been mentally incompetent due to drugs or any other reason and couldn't make informed consent but didn't proceed with the marriage after mental capacities were restored. -
6. Lack of consummation
Annulment in Ohio can qualify if either of the spouses wasn't physically capable of having sexual relations with the other party. If you meet one of the conditions above, you can seek an annulment in Ohio by working closely with an annulment attorney.
The cost of filling for an annulment in Ohio
The court fees differ from one county to the other. For instance, in Columbus and Franklin counties, the court filing fees for your annulment case will cost $175. In Cleveland, the filing fees will set you back by $150.
In addition to the court filing fees, you’ll also incur attorney fees which differ according to the complexity of the case and the law firm.
Marriage divorce definition
A divorce is basically terminating a valid marriage through a court hearing. After divorce, either party can remarry. Ohio is a no-fault state in divorce matters, meaning that the court seeks to divide the available assets and debts equitably between the spouses and also determine the custodian of a minor child.
Additionally, you can’t remarry until your divorce case is finalized. But you can start dating because it’s a personal choice.
Grounds for divorce
The Ohio revised code under section 3105.01, the court may grant divorces under the following causes:
- Adultery from either party where they were involved in a sexual relationship during your marriage.
- Extreme cruelty meted on one spouse
- Willful absence of either party for one year.
- Habitual drunkenness
- Neglect of duties by either of the spouse
- Fraudulent contract
- Imprisonment of either spouse at a correctional institution at the time of filling the case
- When either party has willingly lived separately for one year without cohabitation
- Either party had been legally married before, and their former spouses were still alive at the time the divorce was filed.
Additionally, as the Plaintiff, you’re eligible to file for a divorce in Ohio if you’ve lived there for over six months and have been a resident of the county you’re filing for a divorce for more than 90 days before filing out the case.
Divorce forms needed to file for a divorce
Divorce forms might differ slightly from dissolution forms in Ohio. That’s why you need to confirm the forms needed keenly. Some of the forms needed include the following:
- Complain for divorce or dissolution
- Statement of income, expenses, and basic information
- Statement of debts and properties
- A separation agreement (for dissolution)
- Service request.
Fault and no-fault divorce
A fault divorce is granted when one party proves beyond reasonable doubt that the other spouse was responsible for the dissolution of the marriage. For instance, one spouse can prove the other was adulterous, and it negatively affected their marriage.
Subsequently, a no-fault divorce can proceed without blaming the other party as the cause of the breakup.
What is marriage dissolution?
In the state of Ohio, couples can choose to have an uncontested divorce, referred to as a marriage dissolution, whereby they agree to divorce on all major grounds. On the other hand, if the couples can’t agree on various issues, a contested divorce will be initiated.
The steps to undertake when seeking a dissolution
After couples have agreed to end their marriage amicably, they must follow certain steps to finalize everything. The steps include:
Agree on separation terms
Before you can proceed with the dissolution, you’ll have to agree on the following matters:
- Child custody
- Division of marital property
- Child support
- Spousal support.
If you can’t agree on the terms, a divorce will be the ideal option. But if you can come to an agreement, then you can proceed to the next step.
Sign a separation agreement
After you agree with the terms, it’s time to draft a separation agreement through your attorneys. The agreement has to include every detail discussed and should be signed by both spouses.
The parties should also sign a petition which is attached to the separation agreement and forwarded to the court for filing. If you feel there is any additional information to be added or scrapped from the agreement, you can always modify the document before or during the court proceedings.
Set a hearing date with the court
Once the court receives and confirms the paperwork, you can proceed to set a date for the actual hearing. The hearing is usually 30 to 90 days after both parties have filed the separation agreement together with the petition.
Attend the hearing
The next step is to attend the actual hearing, where the judge examines the separation agreement to ensure that it serves both parties equitably. Both parties must be present at the hearing because they are required to testify that they drafted the documents voluntarily and in agreement.
Once the parties testify that they want to dissolve their marriage willingly, the judge has no other option than to grant them their wish.
Terminate the marriage
The judge carries out the last step of the dissolution. The judge has to be satisfied that both parties crafted the separation agreement in harmony and with free will. Once satisfied, the judge will terminate the marriage, and the spouses are now free.
However, the separation agreement has to be followed by both parties for a smooth transition.
Difference between a divorce and annulment
Divorce and annulment are quite different. The former is hectic because you’ll have to deal with child support and the division of property. Unlike the former, the latter is less dramatic because the marriage was not valid, to begin with, so the division of property is not viable.
Here are some of the differences that set a divorce and annulment apart in the state of Ohio.
- A divorce costs more than an annulment in terms of finances and emotions
- A divorce allows the other spouse to offer alimony (spousal support), such as child support, in case they win child custody. Assets are also divided equally among spouses. An annulment is different because there is no spousal support in any way. After all, the marriage is null and void.
- The Ohio Bar states that for a marriage to be annulled, you have to file a petition within two years from the date the marriage took place. In contrast, a divorce can be filed at any point during the marriage.
Get an annulment attorney today in Ohio
Court hearings can be daunting, especially when emotions are involved. At the law office of Dmitry Borshchak, we provide you with a healthy attorney-client relationship to ensure your grounds for marriage annulment are solid to give you a positive outcome during the court hearing.
It’s a verified war strategy to never go to a battlefield alone. Our expert annulment attorney will walk you through the court proceedings and present a stronger case for annulment. Contact us today and get a free consultation.
