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.

See Our Related Blog Posts:

Does Your Child Need Therapy Following Your Divorce?

How Divorced Ohio Parents Can Claim Dependent Children

How to Establish Parental Rights for Unmarried Fathers in Ohio

Given that the percentage of children being born to unwed mothers continues to increase, an issue naturally arises in the context of family law and that is what happens when unmarried parents decide to split.

The law in Ohio says that when a child is born to an unmarried woman, she has sole custody of that child until the father has a court issue an order acknowledging his paternity and granting him rights. The law is clear that unmarried women who give birth are the default residential parent and legal custodian of the child until a family court judge issues an order designating another person the legal guardian of the child.

This should not be interpreted to mean that Ohio law says that unmarried mothers will always keep custody of the children. That’s absolutely not true. Once a father decides to go to court and have his paternity established, he is then able to request shared parenting. Except in exceptional circumstances, some kind of joint custody arrangement is usually established. In fact, in cases where the mother is either unfit or unable to provide a stable life for the child, the father might actually receive sole legal custody of the child.

There are several different ways paternity can be established in Ohio, even without a DNA test. The first way is through an affidavit acknowledging paternity. This is typically done at the hospital at the time of the child’s birth, but can also be done later at a county health department or local registrar’s office. The mother’s consent is required in this case and the father should know that he is giving up the option of having DNA definitively establish paternity, but this is a quick and easy way of establishing your rights as a father.

Another option familiar to most people is a DNA test. An order from the state can require parties participate in a DNA test to establish paternity. Many times this is initiated by a woman seeking child support, but it can also be launched by a father through a court action.

Once paternity is established this does not mean that visitation rights flow immediately to the newly recognized father. Legitimized fathers only receive visitation rights once there is a court order establishing them. If you’re facing a similar situation and want the ability to see your children, it’s important to speak to an experienced Ohio family law attorney who can help you navigate a custody challenge. If you find yourself facing the prospect of a custody dispute, 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.

See Our Related Blog Posts:

Life insurance and an Ohio divorce

How Divorced Ohio Parents Can Claim Dependent Children

Notorious Deadbeat Dad Arrested by Feds

A man who has been called the “most wanted deadbeat parent in America” was arrested by federal authorities in California last month. The guy had to work hard to earn such a horrible distinction and the amount in arrears was truly massive. Authorities say that deadbeat dad owed his family more than $1 million in back support at the time of his arrest.

According to the federal government, the exemplary father went so far as fleeing the country to avoid paying what he owed. He picked up and moved to Thailand where he stayed for several years before moving across Asia and settling in the Philippines. It was in Manila that the man was located and eventually arrested. Filipino authorities deported him back to the United States where he was promptly taken into custody after arriving at LAX.

The 50-year-old man has not paid support for his three children in more than 10 years. The kids were from two different mothers and all were from New York. The man will be transported back to New York for prosecution given that the child support is owed there and not in California.

The lesson from the case of the worst deadbeat dad is obvious: when you are ordered by a judge to pay money, whether it’s spousal support or child support, follow the ruling to the letter. Even if you think the amount is unfair, pay it nonetheless. You can always turn to an experienced Ohio family law attorney to challenge the amount and attempt to modify support obligations later on.

It’s critical to understand that once a support agreement is finalized, the parties are legally bound to abide by the terms. Failure to do so not only will hurt your children who need the money to pay for important expenses, but can result in serious harm to yourself in terms of lost money, financial penalties and even loss of freedom. Rather than fleeing the country to avoid child support payments, it’s far better to turn to a skilled family law attorney to help guide you through the confusing process.

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: “Feds say NY man owes $1 million in child support,” by The Associated Press, published at CTPost.com.

See Our Related Blog Posts:

Life insurance and an Ohio divorce

How Divorced Ohio Parents Can Claim Dependent Children

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.

See Our Related Blog Posts:

Does Your Child Need Therapy Following Your Divorce?

How Divorced Ohio Parents Can Claim Dependent Children

Bizarre Case Involves Sperm Donor Sued For Child Support

In a bizarre article recently published by Yahoo, one Kansas man has found himself in some surprising hot water over child support. According to the article, the man donated sperm to a lesbian couple and is now being asked to pay child support by the state.

The donor, William Marotta, gave the sperm to the couple after first signing a contract that clearly explained he would not be deemed the father of the child nor would he ever be responsible for paying child support. This past fall the state of Kansas filed a petition asking that the man be declared the legal father of the child and thus be held financially responsible for her care after the lesbian couple suffered some serious financial setbacks.

The sperm donor has said he will request that the court dismiss the claim. Prosecutors say a law on the books is clear that sperm must be donated through a licensed doctor for a father to be free of any future monetary obligation. In his case, the man donated the semen after finding the couple online, on the site Craigslist. The state is now telling the man to start making child support payments, including almost $6,000 in expenses dating as far back as the child’s birth.

Marotta’s attorneys have said that the man has no parental rights because of the contract he signed with the girl’s mothers. They claim that the clear language of the agreement means that the man cannot be held financially responsible for the child. Marotta says he responded to the Craigslist ad seeking sperm donations for $50. He turned down the money, saying he and his wife, who have no children of their own, simply wanted to help a couple that wanted a child.

The case has garnered national attention given the number of people who donate sperm to sperm banks and who now fear child support agencies will knock on their door one day looking for money. Groups opposed to the child support suit have said that the action by Kansas could have a chilling effect on other men’s desire to help couples in need of a donor, something that could end up hurting many uninvolved families.

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: “Child support claim rankles sperm donor to lesbian couple,” by Kevin Murphy, published at News.Yahoo.com.

See Our Related Blog Posts:

Does Your Child Need Therapy Following Your Divorce?

How Divorced Ohio Parents Can Claim Dependent Children