Differences Between Annulment, Divorce and Dissolution in Trumbull County, Ohio

Trumbull County Ohio divorce dissolution annulmentAn annulment differs from a divorce or dissolution because it is a court order stating that the marriage never happened, that it was never valid or legal. The court order is formally known as a decree of nullity. To obtain an annulment one must file in the Court of Common Pleas in the county where one of the parties resides within the time limit set by state statutes. One is also required to identify grounds for seeking the annulment.

Some grounds for obtaining an annulment are:
• One party is under the age of legal consent
• One party is already married
• One party is impotent
• The marriage was based on fraud or force
• The marriage was never consummated
• One party is mentally ill and it affects the marriage

A divorce is a complaint filed by a husband or wife, or both, in the Domestic Relations Division of the local Common Pleas Court. A divorce complaint must allege, and the party filing for the divorce must later prove, at least one of the following legal grounds for the divorce:

• Adultery
• Gross Neglect of Duty (not supporting the spouse)
• Cruelty, Abuse or Violence
• Habitual Drunkenness
• Imprisonment of the Other Spouse
• Bigamy (one spouse already married to another—not grounds in Trumbull County)
• Willful Absence from the Home for a Continuous One-Year Period
• Fraudulent Contract (not grounds in Trumbull County)
• Incompatibility of the Husband or Wife

An uncontested divorce is one where the divorcing couple agrees on every issue—child support, custody, visitation, spousal support, etc. Sometimes an uncontested divorce is one in which one of the parties cannot be found because he or she is incarcerated, or simply does not respond to efforts to communicate made by a spouse or a lawyer. The marriage partner only has to obtain the paperwork and file for divorce and then attempt to serve the spouse with divorce papers. He or she need only show up in court with witnesses to attest to the incompatibility of the marriage to obtain a divorce.
In a contested divorce, the parties cannot settle between them the issues that arise. They may need the help of a judge or legal counsel to resolve their differences.

In a separation, both parties are requesting to terminate the marriage. A separation agreement has been prepared and both parties have approved it. The petition of dissolution and the separation agreement are filed in the Domestic Relations Division of the local Common Pleas Court when the case begins. Full disclosure of all assets and liabilities by each party is assumed.

With dissolution of marriage, there are no grounds listed. Fault is not an issue. This typically reduces much of the time and expense associated with the divorce process, but does not mean everything is undisputed.
With dissolution, there is no need to go to trial in front of a family judge and have your private matters become public. The final hearing for the dissolution must take place within 90 days from the day of filing, but in some counties the hearing is held in 60 days.

All of these ways of ending a marriage are generally difficult and can be fraught with obstacles. If you need experienced lawyers who are familiar with Ohio divorce laws, separation, dissolution and sensitive matters such as child custody, you need someone with the skills of the family attorneys at Slater & Zurz LLP.

We are conveniently located to serve residents of Trumbull County, Ohio. We can be contacted by calling 1-888-760-8958 or send us a message from our website at dissolutionanddivorce.com

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About slaterzurz

Slater & Zurz LLP is an Ohio law firm of highly experienced and respected attorneys. Over the last 40 years, we have developed a reputation for getting positive results for clients. We've been trusted with handling over 20,000 personal injury cases and our clients have received more than $120,000,000.

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