How to get an annulment in Ohio

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.

Source: “Marriages Are Annulled in Special Cases,” published at OhioBar.org.

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Some States’ Laws Consider Advanced Degrees Marital Assets

A recent Wall Street Journal article dealt a very odd quirk of divorce law in New York. The article focused on a woman, Tanya Finch, who completed a nursing degree while married to her husband, Kenneth Quarty, who was legally blind and did not work outside the home. Tanya worked multiple jobs to support the family while working on her degree and was obviously stunned when they eventually divorced and she found out that she owed her husband a lump sum prepayment of all her future earnings.

This is because New York is one of only a few states that have laws saying that one spouse can be entitled to an upfront percentage of all future money earned as a result of a degree obtained during a marriage. In New York a professional degree or license acquired during marriage is viewed as marital property. During a divorce, the value of the degree is figured by experts and then divided along with the rest of the couple’s property.

The law began after a 1985 court decision which interpreted the concept known as equitable division very broadly. Prior to 1980, during a divorce property went to the person whose name was on the item, the titleholder. That year, in an attempt to create more fairness in divorce, an equitable distribution law was passed which viewed all property acquired during a marriage to be joint assets that should be divided when a marriage ends. Later that same year, a doctor filed for divorce from his wife who had supported the family while he was in med school. The state’s Court of Appeals sided with the wife, saying that she was owed a share of the value of her husband’s medical license.

Courts in Michigan came to a similar conclusion in 1991, though the state has not used the principle nearly as extensively as it has been used in New York. In Louisiana, spouses are entitled to get back any investment they made in their partner’s advanced degree, a concept known as reimbursement alimony.

Over the years, the New York law has been expanded from just licenses to include degrees and even talents, including one rare case concerning the talents of a skilled opera singer. Accurately assessing the value of such things can be very hard to do and a major hurdle in any divorce. In the Finch case, the husband claimed the degree had a value of $841,383; Finch’s attorney said it was worth only $108,000 and the court finally settled on a number in between: $753,488, after subtracting her student loans. Her husband was ultimately awarded 25% of the total, or $155,372 to be paid over 396 months. After a series of appeals the amount was lowered dramatically and Finch was only ordered to pay a little over $15,000 spread out over two and a half years.

Though Ohio also follows the concept of equitable division, the courts in the state have thankfully never interpreted the idea so broadly as to include degrees as part of joint marital assets. To best understand how courts in the state interpret our laws, it’s critical to consult 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.

Source: “After Divorce, a Degree Is Costly,” by Sophia Hollander, published at WSJ.com.

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Collaborative Divorce Law Passed by Ohio Legislature

Sadly, for many couples in Ohio whose marriages are ending, the process of divorce often resembles all out war rather than a peaceful parting of the ways. Each spouse has anger and that anger is only enflamed as lawyers and fights over money and kids reach a fever pitch. If they didn’t start off hating each other they often do by the end of the ordeal.

Thankfully it does not always have to be this way. The Ohio Legislature recently took action to help in cases where parties want to avoid the tumult of a nasty divorce. Just last week the state Senate approved the Collaborative Family Law Act which makes it easier for couples looking to split to do so in a way that avoids an ugly court battle.

Though collaborative divorce is nothing new, it is relatively rare. The process is designed to allow couples to work together with each other and their lawyers, financial advisors, therapists or any other professionals they want to incorporate into the process. The process is meant to encourage collaboration and mediation rather than litigation.

Couples and their attorneys come together in a series of meetings to try and find solutions to the pressing issues encountered in a divorce that work for both parties. Once all of the issues have been settled and mutually agreed upon, the parties sign a final divorce agreement and file it with the court. According to a recent newspaper article on the subject, the entire process typically takes about two months when the collaborative meetings are scheduled weekly.

Another benefit to the collaborative process is that in the event that the parties do not agree on certain issues, the divorce can still change course and head before a judge in a traditional way. The worry that some people might have is that if a collaborative divorce breaks down then information revealed during the process could later be used by one attorney against the other party. To remedy that, legislators wrote in language that ensures parties are not able to hire the same attorney to represent them in the collaboration and in court. This means attorneys can focus solely on reaching a mutually desirable resolution without needing to keep a possible trial in the back of their minds.

If you find yourself facing the prospect of divorce, 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.

Source: “Divorce cases could be easier in Ohio with new legislation,” by Kate Irby, published at Cleveland.com.

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Can your husband or wife stop you from divorcing in Ohio?

Thankfully, many divorcing couples are on the same page about wanting to get a divorce. The fights or problems communicating have been obvious to both parties for a while and the decision to divorce was a long time coming. However, there are times when the parties aren’t in such perfect agreement.

Sometimes one spouse wants the divorce and the other spouse does not, other times one spouse is caught by surprise, unaware that there were ever any issues. In these situations, the spouse who does not want the divorce may stall or refuse to do anything to keep the divorce moving toward a resolution. This can be extremely frustrating for the person seeking the divorce because it means more time and money spent on the process.

In all Ohio divorces, the first step after filing the Complaint for Divorce is that the respondent must be formally served with a copy of the Complaint. In many amicable divorces, the person who files the Complaint (petitioner) can simply give their spouse (the respondent) a copy, allowing them to sign an Acknowledgment of Service as an alternative to being personally served with the divorce papers by a sheriff or private process server.

If the respondent refuses to cooperate, however, he or she will have to be personally served. If the respondent goes out of their way to evade service, the petitioner will likely have to use a private process server, who will request additional information about the respondent’s schedule and whereabouts before tracking them down. This option is more expensive than having the sheriff do the service, but has a better chance of success.

If your spouse desperately does not want the divorce they may refuse to attend mediation sessions or a settlement conference. If that’s the case, the petitioner will have to request a final hearing to obtain a Final Decree of Divorce. As long as the respondent is properly notified of the hearing date, the court can grant the divorce, even if the respondent chooses not to attend.

Unfortunately, an uncooperative spouse can slow the process down, which will result in more time and money spent by everyone involved. Though the process may be grueling, the good news is that your spouse will not be able to prevent a divorce from happening.

If you find yourself facing the prospect of divorce, 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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The Importance of Discovery in an Ohio Divorce

Many couples facing a divorce wonder why the time and expense associated with discovery is necessary. They figure that they know what the other spouse’s assets are; after all, you watched them buy the stuff in the first place. They think they understand the value of all the retirement and bank accounts because they’ve had conversations about them. Many people believe their spouse would not or could not hide any important information so why go through the trouble at all? The problem is, what you don’t know can hurt you in this instance, which is why the discovery process is so important.

Discovery is the legal process meant to extract information from the opposing party in a lawsuit. Gathering facts early on in litigation may actually help minimize costs in the long run by narrowing the issues that need to be addressed at trial or in settlement negotiations. Discovery involves numerous approaches, including: Interrogatories, Requests for Production of Documents, depositions (both written and oral), physical and mental examinations, Requests for Admission, and others. The most important and most commonly used discovery methods are Interrogatories, Requests for Production of Documents, and Requests for Admissions.

Interrogatories are questions posed to the opposing party. In Ohio, a party may send up to 40 Interrogatories to the opposing party. The opposing party is required to answer the Interrogatories under oath which is meant to increase the likelihood that the information provided will be truthful. If the party who receives the interrogatories refuses to answer, the court is able to impose sanctions.

Requests for Production of Documents (RPDs) are exactly what they sound like. An attorney makes formal requests for documents in the other party’s possession. If the party refuses to release requested documents that can also lead to sanctions by the court. Unlike interrogatories, there is no limit to the number of requests that can be made.

Admissions are statements presented to the other party. The opposing party is asked to admit or deny the truth of certain matters. Admissions are very powerful and help attorneys narrow down the number of issues that are really in contention between the parties. Another important bit of information about Admissions are that if the other party does not answer a request in a timely manner, the request can be deemed admitted.

As was mentioned above, discovery, when done properly, can help to uncover hidden assets. Many people may think they know what their spouse owns and yet discovery can still reveal some hidden assets. Unfortunately, it’s also possible that discovery works the other way, revealing that the couple has less money than they thought. Either way, the process has worked. It’s critical that before the divorce proceeds your Ohio family law attorney understands what is out there so he can properly craft a plan that is right for you.

If you find yourself facing the prospect of divorce, 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.

Source: “Step by Step Explanation of The Discovery Process,” by Cathy Meyer, published at About.com.

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