Pets and Prenuptial Agreements

I heard on the radio the other day that an increasing trend in prenuptial agreements is to include pet provisions. Now, as a dog lover, I think this is a good idea. The law in most states treats animals as property, and your pets will be divided accordingly. However, before you even get married, you have the opportunity to address this issue in a prenuptial agreement. For example, the agreement could give your current (or future) pets to you in the event of divorce. Or it could set up a custody arrangement. Think of the possibilities! By adding a pet provision in your prenuptial agreement, you could avoid later arguments and ensure that you will have what is most important to you in the event of divorce. What do you think about this?

Here is a picture of my dog Ruby Tuesday when she was a puppy!

Rights of Unmarried Mothers and Fathers

I have been asked the same question a lot lately, so I thought I would address it in my blog. The question is: What rights do unmarried mothers and fathers have in Ohio?

The Ohio Revised Code states that an unmarried mother is the sole residential parent and legal custodian of the child until a court designates otherwise (See O.R.C. § 3109.042). This means that the mother has the sole authority to make all educational, religious, healthcare, and visitation decisions for the child. However, Fathers can establish their rights to make decisions and have visitation with the child once paternity is established and they file with a court of competent jurisdiction. The Revised Code also specifically states that the mother and father should be treated equally when determining custody; thus, once the father files with a court the mother and father are standing on equal ground. See http://codes.ohio.gov/orc/3109.042.

The lesson here is that if you are an unmarried father and you want to establish legal rights with your child, you should file with a court with proper jurisdiction immediately. An attorney can help immensely with this type of action. An attorney can also help and represent the unmarried mother in a custody action filed by the father. For a free one-hour consultation to discuss your situation, call me at 330-474-9701 or email me at atuesdaylaw@gmail.com.

I hope this helpful!

Termination of Marriage in Ohio - Divorce, Dissolution, Annulment, and Legal Separation Explained

If you are a Friends fan like me, you probably love the episode where Ross and Rachel accidently get married in Las Vegas and then argue over getting an annulment.  But what exactly is an annulment and how is it different from divorce? Below is a summary of the various ways of terminating a marriage in Ohio. Remember that it is best to talk to an attorney to determine which method is best for you. To schedule a free consultation with me, call 330-474-9701 or email me at atuesdaylaw@gmail.com.

·         Divorce  

o   According to O.R.C. § 3105.01 causes for divorce include:

§  Either party had a husband or wife living at the time of the marriage from which the divorce is sought;

§  Willful absence of the adverse party for one year;

§  Adultery;

§  Extreme cruelty;

§  Fraudulent contract;

§  Any gross neglect of duty;

§  Habitual drunkenness;

§  Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;

§  Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party;

§  On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;

§  Incompatibility, unless denied by either party.

·         Annulment

o   When should you get an annulment?

§  It is necessary under your religious beliefs or you are personally against divorce. Annulment is not a termination of marriage, but a declaration that the marriage was never valid in the first place.

o   Under O.R.C. § 3105.31, causes for annulment include:

§  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 (18 for men, 16 for women), unless after attaining such age such party cohabited with the other as husband or wife;

§  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;

§  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;

§  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;

§  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;

§  That the marriage between the parties was never consummated although otherwise valid.

·         Legal Separation

o   When should I get a legal separation?

§  You do not meet the requirements of divorce or dissolution (for example, you have not lived in Ohio for 6 months).  

§  It is necessary under your religious beliefs or you are personally against divorce.

§  You want your spouse to be responsible for you in terms of finances, health care, etc.

o   O.R.C. § 3105.17 outlines the following causes permissible for legal separation:

§  Either party had a husband or wife living at the time of the marriage from which legal separation is sought;

§  Willful absence of the adverse party for one year;

§  Adultery;

§  Extreme cruelty;

§  Fraudulent contract;

§  Any gross neglect of duty;

§  Habitual drunkenness;

§  Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;

§  On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;

§  Incompatibility, unless denied by either party.

§  The filing of a complaint or counterclaim for legal separation or the granting of a decree of legal separation under this section does not bar either party from filing a complaint or counterclaim for a divorce or annulment or obtaining a divorce or annulment.

·         Dissolution

o   When should I file for dissolution?

§  When both spouses agree to the same relief. The parties must both agree in the issues of property separation, spousal support, and child custody and parenting time. Dissolution can often save time and money. It avoids contested court hearings.

So, if Ross and Rachel lived in Ohio instead of New York, could they have gotten an annulment? Let’s apply the facts to the law. Ross and Rachel got married in Las Vegas after they became extremely intoxicated. Unfortunately for Ross (who does not want a divorce), intoxication at the time of marriage does not qualify them for an annulment under Ohio law (see O.R.C. 3105.31 above). The best option for Ross and Rachel if they lived in Ohio would be dissolution because they both agree on the separation and all aspects of relief. (And Ross could avoid another divorce!)