Can a minor get an annulment from a forced marriage and get emancipation at the same time?
Full Question:
I was literally sold to my husband by my parents when I was 15-years-old. I turned 16 this month. I want to get away from him and my parents. I don’t want them to play any part in my life. I have a full-time job as a waitress at a night club and I earn enough to support myself. What are the options available to me?
11/30/2016 |
Category: Divorce » Annulment |
State: Ohio |
#27349
Answer:
“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.”
Therefore, in the case at hand, it is possible to get the marriage annulled as the age of the minor was below the prescribed age of 16 and also as it was forced upon the minor per clause (A) and (E) of ORC Ann. 3105.31. The petition for annulment must be filed within a period of two years from the date of such marriage per clause (E) of ORC Ann. 3105.32.
Also, in Ohio, a minor who has not attained the age of majority per ORC Ann. 3109.01 is the responsibility of his or her parents. The age of majority is stated to be 18 years per ORC Ann. 3109.01. But in the event of a marriage of minor, such responsibility of the parents comes to an end. In case the marriage ends in a divorce/annulment such responsibility of the providing support to the child is revived. Therefore, it is essential that one obtains emancipation to become independent from parental interference in their lives. Minors seeking emancipation must file a petition with the court and meet certain state-specific criteria. Emancipation is a process freeing the minor from parental control. The court must determine emancipation on a case-by-case basis. The minor seeking emancipation must satisfy the court that they can financially support themselves and take on adult responsibilities. Generally, emancipation cannot be accomplished by an act of the child alone. Emancipation is generally would be the result of some act or omission of the parents. In the case at hand, being forced into marriage against one’s will is a reasonable ground for emancipation.