
Can I Annul my Marriage
In Ohio, an Annulment is a cause of action that nullifies or voids a marriage. A marriage may be annulled in Ohio only under limited circumstances, including:
Either spouse was under the legal age to marry,
One spouse is already married to another person,
One party is adjudicated mentally incompetent,
One party obtained consent through fraud or by force, or,
The marriage was never consummated.
When an annulment of marriage is granted, the two parties are placed back in the position they were in prior to the marriage. Essentially, the effect of an annulment is to restore the parties to their lives before they married. By doing so, the parties maintain no legal or financial obligation to one another, and each unmarried person will retain all income and property they owned at the time they entered into the marriage.
In rare instances, annulments have been granted even after a significant event occurred during the marriage, such as the birth of a child. Under these circumstances, the annulment of the marriage can have a serious impact on the allocation of parental rights and responsibilities of the minor child. Now, as an unmarried mother, the law will designate Mother the sole residential parent and legal custodian of the child.
Is Cheating Grounds for an Annulment
Cheating after the date of the marriage is not sufficient cause to annul a marriage because the grounds that give rise to an annulment are required to exist prior to the marriage. Theoretically, if cheating prior to the marriage can be substantiated, a court may equate pre-marital infidelity with fraud on a spouse’s behalf, but I am not aware that this argument and claim have been successful.
Contact Alexander Family Law
Christopher M. Alexander has represented hundreds of clients over the past 25 years in divorce and dissolution actions. Although rare, annulments are granted provided they are properly plead to the Court. When you need a skilled and experienced family law lawyer, contact Christopher M. Alexander, Esq. at (513) 228 – 1100 or chris@alexander-legal.com.