As anyone who keeps up on their gossip
magazines likely knows, Kris Humphries has repeatedly demanded that Kim
Kardashian, his wife of only a few months, agree to an annulment rather than
proceed with a divorce. Though Humphries insists the marriage should be wiped
away as if it never took place, Ms. Kardashian says that she won’t go along
with the idea given that her soon-to-be ex is basing the annulment on fraud,
something she denies ever engaging in.
Though many people have likely heard of
annulments (Britney Spears got one several years back with her first husband,
Jason Alexander), they may not understand what they are or how you go about
getting one in Ohio. First of all, there’s no doubt that in Ohio divorce is the
most common way to dissolve a marriage. That being said, it’s not the only way.
An annulment ends a marriage by saying
that it never should have happened in the first place. Rather than simply
calling it quits, an annulment means that the marriage was invalid and is
treated by the law as if it never happened. Another difference between divorce
and an annulment is that divorce comes with certain legal rights, for instance,
a right to a division of marital assets and possibly spousal support. No such
luck with an annulment.
Though most people will not qualify for
annulment, if you fall into one of six categories you might be able to pursue a different
route to ending your marriage. The first situation where annulment is allowed
is in the case of underage marriage. Bigamy, lack of mental and force are other
justifications. Force, also known as duress, applies in cases of true shotgun
marriages where one party was forced into saying “I do.” Failure to consummate
the marriage is another basis for annulment, though if this or duress is the
basis you will use to seek an annulment, you must file within two years of
marriage or you miss your chance.
The final basis for an annulment, and the
one that’s at issue in the Humphries/Kardashian debacle, is fraud. This means
that if a marriage took place under fraudulent terms it can be annulled. An
example of such fraud would be if a woman were pregnant with another man’s
child, but told her future husband that the baby was his.
If you find yourself facing the prospect
of divorce and have questions about your rights and options, contact an
experienced Ohio family law attorney who can help guide you through the
difficult process. Count on the expertise of Twinsburg family law attorney Carol
L. Gasper.
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