Ohio Annulments

 An Ohio court may determine that a marriage is legally invalid because of one of the causes detailed below that existed at the time of the marriage. An annulment treats the marriage as though it never existed. 

 

3105.31 Causes for annulment.

A marriage may be annulled for any of the following causes existing at the time of the marriage:

(A) That the party in whose behalf it is sought to have the marriage annulled was under the age at which persons may be joined in marriage as established by section 3101.01 of the Revised Code, unless after attaining such age such party cohabited with the other as husband or wife;

(B) That the former husband or wife of either party was living and the marriage with such former husband or wife was then and still is in force;

(C) That either party has been adjudicated to be mentally incompetent, unless such party after being restored to competency cohabited with the other as husband or wife;

(D) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, cohabited with the other as husband or wife;

(E) That the consent to the marriage of either party was obtained by force, unless such party afterwards cohabited with the other as husband or wife;

(F) That the marriage between the parties was never consummated although otherwise valid.

Effective Date: 09-24-1963 

3105.32 When action for annulment must be commenced and by what parties.

An action to obtain a decree of nullity of a marriage must be commenced within the periods and by the parties as follows:

(A) For the cause mentioned in division (A) of section 3105.31 of the Revised Code, by the party to the marriage who was married under the age at which persons may be joined in marriage as established by section 3101.01 of the Revised Code, within two years after arriving at such age; or by a parent, guardian, or other person having charge of such party at any time before such party has arrived at such age;

(B) For the cause mentioned in division (B) of section 3105.31 of the Revised Code, by either party during the life of the other or by such former husband or wife;

(C) For the cause mentioned in division (C) of section 3105.31 of the Revised Code, by the party aggrieved or a relative or guardian of the party adjudicated mentally incompetent at any time before the death of either party;

(D) For the cause mentioned in division (D) of section 3105.31 of the Revised Code, by the party aggrieved within two years after the discovery of the facts constituting fraud;

(E) For the cause mentioned in division (E) of section 3105.31 of the Revised Code, by the party aggrieved within two years from the date of the said marriage;

(F) For the cause mentioned in division (F) of section 3105.31 of the Revised Code, by the party aggrieved within two years from the date of the marriage.

Effective Date: 09-24-1963

Underage: Within 2 yrs. of age of consent unless voluntary cohabitation; Previous marriage undissolved: Anytime during life of parties; Mental: Anytime before death; Fraud: Within 2 yrs. of discovering fraud unless voluntary cohabitation; Force: 2 yrs. after marriage unless voluntary cohabitation; No consummation: 2 yrs. from marriage

Equitable Division of Patents in Divorce

In Ohio, in the context of equitably dividing marital property, the term "during the marriage" is statutorily presumed to run from the date of the marriage through the date of the final divorce hearing. Ohio Rev. Code Ann. §3105.171(A)(2)(a).

However, if the court determines that the use of either or both of these dates would be inequitable, the court may select dates that it considers equitable in determining the value of marital property. Ohio Rev. Code Ann. § 3105.171(A)(2)(b).

It is not uncommon for the court to select the date of separation, the date the parties stopped living together as husband and wife, as the most equitable date for capping the division of marital property. The “Date of Separation” can be critically important regarding division marital interests in patents. Some patents are clearly identifiable as pre or post marital assets, not subject to division.

Generally, spouses who claim marital interest in a patent can hire appraisers to value the property. On the one hand, this can be expensive and speculative. On the other hand, if the rights are subject to valuation, such an option can allow for final division of property without future entanglements with the ex-spouse.

Another option is to negotiate a division of income or royalties from the intellectual property on a go forward basis. Such a division can involve the spouse who manages the property and who is responsible for enhancement of the property value receiving compensation for his or her post divorce labor. This approach also requires agreement on the proportion going to each spouse which can be contentious.

Some patents regarded as marital property can be shown to have no fair market value (the value in money of any property for which that property would sell on the open market by a willing seller to a willing buyer).

The use of a patent valuation expert may be of critical importance. A patent regarded as marital, not prior marketed, may be argued as having no value. The court can only consider evidence before it, unless a later motion alleging such grounds as fraud, newly discovered evidence that through reasonable diligence could not have been discovered at the time, etc., is brought by an aggrieved ex-spouse.

The above information is not offered as, and does not constitute, legal advice. The information presumes you are not currently represented by an attorney who knows your specific circumstances.