If you are considering ending your marriage in Ohio, you may have heard about annulments as an alternative to divorce. Annulment is a legal process that declares a marriage invalid or void, as if it never happened. While divorce ends a valid marriage, annulment erases it from the beginning.

Why will a court grant an annulment in Ohio?

To get an annulment in Ohio, you need to prove that your marriage is void or voidable. Ohio law defines specific reasons that may qualify for annulment. They are:

1. Bigamy: One spouse was already married to someone else at the time of the marriage.
2. Incest: The couple is closely related by blood, such as siblings or parent-child.
3. Mental incapacity: One or both spouses lacked the mental capacity to consent to the marriage due to mental illness, intellectual disability, or intoxication.
4. Fraud or duress: One spouse was tricked or forced into the marriage by the other, such as lying about identity, finances, or fertility.
5. Age: One or both spouses were under the legal age of marriage in Ohio, which is 18, without parental or court consent.
6. Consummation: the spouses never consummated the marriage.

The time limit to file for an annulment depends on the grounds for annulment. You have two years from the date of marriage to file for an annulment on the grounds of force or consummation. Alternatively, if the grounds for annulment is fraud, you have two years from when you learned of your spouse’s fraud. If your grounds for annulment are that your spouse was already married – or in a bigamous relationship – there is no time limit as long as both parties are still alive.

What are the consequences of an annulment on a marriage in Ohio?

Unlike divorce, which ends a valid marriage and divides property and debts based on Ohio’s equitable distribution laws, annulment treats the marriage as if it never existed. Therefore, the consequences of annulment are different from those of divorce. They include:

1. Property and debt division: Because annulment erases the marriage, there is no marital property or debt to divide. Instead, each spouse keeps their separate property and debts.
2. Spousal support: Unlike divorce, there is no spousal support in annulment. This is because annulment erases the marital relationship, so there is no need to provide for the economic needs of a former spouse.
3. Child custody and support: If you have children from the annulled marriage, you still need to determine child custody and support. An annulment does not terminate parental rights or obligations. You will need to file a separate case for these issues.

Is there any other relevant information that I should know?

Annulment is a complicated legal process that requires proof of specific grounds and adherence to strict procedural rules. It is not an easy way out of a marriage that is not working. In fact, annulment can be more challenging than divorce because of the high burden of proof and the lack of statutory guidance. Therefore, it is crucial to seek legal advice from an experienced Ohio family law attorney who can guide you through the process and protect your rights.

Atkins And Atkins attorneys are knowledgeable, compassionate, and dedicated to achieving the best possible outcome for our clients. If you are considering an annulment or any other family law matter in Ohio, please contact us for a consultation. We will listen to your concerns, answer your questions, and provide you with a personalized strategy to meet your needs.

When you and your spouse get a divorce, you usually have to divide your property. Ohio’s property division laws dictate which assets you might keep after the marriage.

You may want to divide all of the assets in half to make the division fair. According to FindLaw, Ohio uses equitable distribution to divide a couple’s assets. This means that a court may not award half of the assets to each spouse.

How does equitable distribution work?

A court typically examines your unique situation to determine an equitable distribution of your property. The court might consider the income you earn and your ability to support yourself after the divorce. If you decided to be a stay-at-home parent, a court might decide that you should receive more of the marital assets. If you were the breadwinner, however, your ex-spouse might receive a larger share of the assets. The court may also consider how much property you and your spouse each brought into the marriage. Sometimes the length of your marriage is also a factor. Additionally, a court may consider the events that led to your divorce. If your spouse behaved in a manner that caused the divorce, you may receive a larger share of the assets.

Which assets are subject to division?

You may expect to divide your household goods with your spouse. However, you also have to divide your financial assets. These include your retirement and bank accounts, as well as any stocks you might have. If you have a vacation home or a rental property, these properties are also subject to equitable distribution. If either you or your spouse has a business, a court may also divide the business. You can find more information about this subject on our webpage.

Thousands of people across the United States get divorced each year. While these divorces are generally assumed to be expensive in terms of emotional output, many people do not think about the monetary costs of divorce.

The reality is divorce can end up costing tens of thousands of dollars in some cases. If you are looking to save money on the process, it is important to understand your options. According to Forbes magazine, opting for a collaborative divorce can save lots of money.

Why do collaborative divorces save money?

The most expensive variety of divorce is a trial divorce. A trial divorce usually involves a lot of legal personnel, from lawyers to judges. The more legal personnel involved in the divorce, the more expensive that divorce will be. A collaborative divorce greatly cuts down on the number of professionals involved.

In a collaborative divorce, both parties will have their own lawyer, but the divorce takes place across a conference table rather than in a courtroom. The two parties and their lawyers collaborate on all aspects of the divorce, from dividing property, to alimony, to child support and custody.

What are the negatives to collaborative divorce?

Collaborative divorce requires both parties to be willing to compromise. If you and your ex-spouse cannot be in the same room together, it is likely that collaborative divorce will not work for you. The nature of a compromise is that both parties walk away from the table a little bit dissatisfied: if either you or your ex-spouse wants to “get all that you can,” then you will likely need a trial divorce.

The courts in Ohio would probably not specifically require you to pay for your child’s education in college after your divorce. This may be due to various factors, such as the fact that college is not a required step in education and that it often happens after the age of emancipation.

As for what you should do, as explained on FindLaw, the right agreement for college education post-divorce often depends on the circumstances. The rest of this article will look at some common issues and some solutions divorcing couples might use in their contracts.

In general, it could be a good idea for you to agree with your co-parent during the divorce process rather than addressing this issue when it arises. Preparation could even benefit you if your children are young, especially if you and your ex were starting a college fund already.

College education expenses inherently involve some amount of uncertainty, especially for young children. Therefore, in order to reach a fair agreement, you may want to decide on a school that your children may want to attend.

For example, if you went to Ohio State and you believe that your child may want to be a legacy there, you might agree to pay your part for tuition there, or for an equivalent expense elsewhere. This would allow your child to explore options in higher education while still receiving support from you.

In general, it is usually most advantageous to think about these types of long-term goals. There are various well-established methods of keeping your money safe for the purpose of higher education. Rather than thinking about the financial details, you may want to focus on reaching a workable agreement with your soon-to-be-ex.

Managing finances can be hard even in the most ideal situations, but things get a lot more complicated after divorce. You have to part ways with some of your marital property and possibly deal with moving costs, all with less income than before. Spousal support can be key to finding your financial footing when things do not look great.

You have probably already given plenty of thought to that spousal support. If any of your friends or loved ones are divorced you might have asked them about their support agreements. However, this is actually not all that helpful since spousal support is different for each divorcing couple.

Why do I need spousal support?

Sure, divorce will affect both you and your ex-spouse’s finances. That impact is not equal, though. Whether you did not work or simply earned less, you are at an unfair economic disadvantage after divorce.

Spousal support limits the extent of that economic disadvantage in a number of ways. On top of regular monthly payments, a judge could also order your ex to pay rehabilitative maintenance. This type of maintenance payment should give you time to go through job training or school so that you can ultimately find a job and support yourself.

How much will I get?

There is no such thing as a one-size-fits-all spousal support agreement. How much your ex-spouse pays depends on a lot of different factors, all of which are unique to your situation. Some of those factors include things like:

• How long you were married
• Your needs
• Your ex’s ability to pay
• Marital lifestyle
• Your and your ex’s health and age

Of course, you can modify spousal support agreements if your ex’s ability to pay changes. It is possible that the court will take that into consideration and order your ex to purchase a life insurance policy, which would replace unpaid spousal support if he or she passes away before paying the full amount. The court might also require disability insurance, which would do the same if he or she was no longer able to work.

You need the right help

Divorce is a uniquely emotional experience. Unfortunately, this means that you or your ex could end up making decisions based on how you feel in the moment. You could end up with far less than you deserve if you do not consider the future implications of those decisions.

Thinking about the future is not exactly easy when you have so much on your plate right now. Sure, you know that you need spousal support, but how do you know if what you are set to receive is fair? This is why it is so important to work closely with a knowledgeable attorney who has experience dealing with Ohio family law. Your legal counsel can make sure that your interests are a priority during the entire divorce process.

For people of all ages, the divorce process is often complex for a host of reasons. This is especially true for young children, who often have an even harder time processing what is going on. Children in this position often worry about their ability to spend time with their parents and struggle with the uncertainty brought on by divorce, especially if child custody is in question. Our law firm knows it is imperative for parents to help their kids during these tough times.

As a parent, feelings of hopelessness are not uncommon. Some parents feel powerless and do not think there is anything they can do. However, parents have the ability to help their children in a number of ways. For starters, simply explaining what is going on and providing a child with reassurance is very beneficial. Children need to feel support and love from their parents, especially during times of uncertainty. Parents who answer their child’s questions to the best of their ability and make their child feel loved help tremendously.

Unfortunately, some children wrongly blame themselves for their parents’ marriage coming to an end, which is why parents have a responsibility to address these issues with their children. Young children often have an especially hard time making sense of what is going on and the impact of a dispute over child custody is likely even more intense. If you and your child are struggling with these matters, do your best to address them properly and make sure you understand your options. Take a look at our page on divorce topics for more.

One of the more complicated parts of the divorce process is dividing your property. During the marriage, you likely comingled your assets. You may have shared a bank account and paid bills using money you both earned. However, when you divorce, you have to separate everything into what is yours and what is your spouses. This can get complex, especially if you have property that you want to make sure you keep, such as an inheritance.

The good news, according to Her Money, is that inheritance is almost always separate property under divorce laws. However, if you, for example, put your inheritance into your joint bank account, then it becomes marital property that the court will divide fairly between you and your spouse. This is because you comingled it with marital funds.

To protect inheritances, you need to put them in a separate account with just your name on it. You also should not use your inheritance to make any joint purchases. Once you do that, it makes it marital property, which the court will divide along with your other property.

Of course, if you received your inheritance many years ago, it is probably too late to stop comingling. Once an inheritance becomes marital property, you cannot change the status. Your only option may be to negotiate during the settlement process by giving up other assets of equal value so that you can keep your inheritance.

So, while inheritance starts off as separate property, there are moves you can make that would change that status to marital property. Once that happens, you have limited control over whether the court divides it during the divorce.

In one of our recent posts, we covered some of the potential benefits of marital counseling, a strategy that has helped many people in Ohio work through marital challenges they are facing and reduce some of the emotional strain associated with divorce. Atkins and Atkins Attorneys at Law, LLC realizes that this is not an option for every couple, but there are other steps that you can take to make your divorce easier. For example, if you and your spouse are splitting up on relatively amicable terms, discussing various topics with your ex will likely benefit you in various ways throughout your divorce (and afterward, especially if you have kids).

Communication not only prevents misunderstanding and conflict, but it often helps people process some of the changes they are experiencing. For example, someone who is worried about the impact of their divorce in terms of their finances or their child’s well-being will likely find reassurance knowing that their former spouse is on the same page. Communication often prevents divorce-related conflicts, such as a contentious custody dispute or legal complications involving marital property. At the very least, talking with a former partner offers insight into their perspective and helps one prepare for their divorce.

Of course, communication is not possible in every divorce. Sometimes, people are very bitter and even become hostile while they are bringing their marriage to an end. Our law office knows how complex these issues are and we provide additional material related to protecting one’s interests during the divorce process on our divorce page. Please take this opportunity to read more.