Annulment

What is the name of your state? OHIO
I need to know if there is any statue of limitations involving annulment. i am seeking either a divorce or annulment from my spouse of 9years. my first marriage was not finalized when i remarried. So i need to understand the laws of ohio governing this. Also Common-Law.

rldukes said:

What is the name of your state? OHIO
I need to know if there is any statue of limitations involving annulment. i am seeking either a divorce or annulment from my spouse of 9years. my first marriage was not finalized when i remarried. So i need to understand the laws of ohio governing this. Also Common-Law.

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My response:

First, Ohio is NOT a "common law" marriage State. So, that issue is "out the window."

Second, if your first marriage was not finalized, but you got married to your current husband anyway, then yes, your second marriage is voidable and you are therefore entitled to an Annulment. However, by filing for an annulment under these circumstances, you're also "entitled" to be arrested for bigamy.

IAAL

* too funny *

Re: Re: Annulment

I AM ALWAYS LIABLE said:

My response:

First, Ohio is NOT a "common law" marriage State. So, that issue is "out the window."

Second, if your first marriage was not finalized, but you got married to your current husband anyway, then yes, your second marriage is voidable and you are therefore entitled to an Annulment. However, by filing for an annulment under these circumstances, you're also "entitled" to be arrested for bigamy.

IAAL

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So if that is the case, my current spouse would also be a part of the bigamy since my spouse was a witness to the divorce hearing. Any statue of limitations or time frame concerning a annulment?

So if that is the case, my current spouse would also be a part of the bigamy since my spouse was a witness to the divorce hearing.
Any statue of limitations or time frame concerning a annulment?

rldukes said:

So if that is the case, my current spouse would also be a part of the bigamy since my spouse was a witness to the divorce hearing.
Any statue of limitations or time frame concerning a annulment?

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My response:

No, he wouldn't. He'd merely be a "putative spouse". All because he "witnessed" your hearing, doesn't mean he knew or understood what was going on. Remember, it was YOUR divorce action, and none of his business at the time. All he needs to do is plead "ignorance" - - that he's not a lawyer, and that YOU were the one who said you were divorced, and that he "relied, to his detriment" upon what you told him. He had every right to believe you, and what you stated to him throughout your marriage.

If I were his attorney, that's the way I'd play it and any smart attorney will do the same, and MUCH more. Try to prove him wrong !

No, there is no time frame on annulment. "Time" is not a consideration of annulment. Annulment is based upon a "defect" in the marriage, and your bigamy is one of the biggest "defects" there could ever be.

It is my considered opinion that, in the final analysis, you really are sunk.

IAAL

annulment

If there is no time limit on annulment, can the spouse still file for divorce and receive portions of my pension, 401k, etc?

Second question? What do you mean 'I'm SUNK'?

Third question? Can the current spouse file for bigamy or does it have to be the former spouse?

Note: Spouse was aware and signed the docket papers as a witness. My spouse's attorney is trying to pull away from the annulment and go with divorce. Especially since my spouse had knowledge of the previous marriage.
Can the attorney do this and by what documentation or case in Ohio can this be verified as proof?