Annulment of Marriage in Ohio

Annulment of Marriage in Ohio – A Comprehensive Guide

In Ohio, couples who have been married and want to end their marriage must usually file for a divorce. However, there is also the option of an annulment of marriage. An annulment can differ from a divorce in that it erases the marriage and declares it null and void from the start. In this article, we will explore the concept of an annulment of marriage in Ohio, including when it can be sought, requirements, and the legal process.

What is Annulment of Marriage in Ohio?

An annulment of marriage is a legal process in Ohio that erases the existence of a marriage, making it null and void. While a divorce ends an existing marriage, an annulment is a legal declaration that the marriage never existed. This can be an attractive option when one or both spouses want to avoid the legal and financial obligations that come with a divorce.

When Can Couples Seek an Annulment of Marriage in Ohio?

An annulment of marriage in Ohio applies if one of these conditions is met:

1. Fraud – If one spouse can prove that the marriage took place due to fraud or deceit, they may request an annulment.

2. Incestuous Marriage – If two people who are considered closely related (such as siblings, half-siblings, or certain cousins) get married, the marriage can be annulled.

3. Bigamy – If one of the spouses was already married or in a legally binding relationship at the time of the marriage, the marriage is illegal and voidable.

4. Lack of Capacity – If one of the spouses was under the influence of drugs or alcohol or was mentally incapable of making decisions at the time of the marriage, the marriage may be annulled.

What are the Legal Requirements for an Annulment of Marriage in Ohio?

To begin the annulment process in Ohio, a petitioner must meet the following requirements:

1. Residency – At least one of the parties involved must live, work or have a place of business in the state of Ohio for at least 90 days before filing for annulment.

2. Time Limit – Within two years from the date of marriage, parties must file for annulment as soon as they become aware of grounds for an annulment.

3. Forms and Petition – Before filing a petition for annulment in Ohio, both parties must complete and file an affidavit, verifying that they have been a resident for at least 90 days and that all information contained therein is true. Additionally, the petitioner must file a petition outlining the grounds for the annulment in the county where either party resides.

What is the Legal Process for an Annulment of Marriage in Ohio?

Once you’ve filed an annulment petition in court, you will need to attend a hearing. During the hearing, both spouses have the opportunity to provide evidence and testify regarding the grounds for the annulment. The judge will also consider any other circumstances that could impact their decision.

If the judge grants the annulment, they will issue a judgment that declares the marriage null and void. The parties involved will be free to remarry or live life as if they were never married.

Final Thoughts

An annulment of marriage in Ohio is a legal process that should never be taken lightly. Whether you’re looking to annul your marriage or contest an annulment request, it’s important to have a knowledgeable attorney by your side to guide you through the process. With the right legal assistance, you can make an educated decision about the best path forward and take the necessary steps to move on.

Code and Procedure for Ohio Annulments 

Annulments of Marriages in Ohio

If either spouse is seeking an annulment of marriage in Ohio—or the parent of the spouse—any action must be commenced in two years.  Code 3105.32 specifies how the two year windows are determine in certain cases.  If were 16 when you enter into the invalid marriage, the annulment of marriage in Ohio must be completed before you’re 18 years old.

In this article, you will find information concerning grounds for annulments of marriage in Ohio and general information about the annulment process.  For more information, regard recommended articles on this website or talk with a family law attorney.

Grounds for Annulments in Ohio

The following list contains each ground for an annulment of marriage in Ohio according to code 3105.31 Causes for annulment under the Revised Ohio Statutes:

1. The party seeking annulment was under the age of 18 and failed to receive proper consent from a qualified authority as listed in code 3101.01 Persons who may be joined in marriage—minor to obtain consent.

2. Either spouse was married to a living party during the time of the second marriage.

3. Either spouse was judged as mentally incompetent during the marriage, unless they restored competency during the marriage.

4. The marriage was performed under fraud or the party understands there was fraud after cohabitating.

5. The consent of the marriage was obtained by force.

6. The marriage was never consummated when otherwise valid.

Steps for Annulments of Marriages in Ohio

In order to legally undergo an annulment of marriage in Ohio, the party seeking the annulment must first qualify in one of the factors listed above.  If you have children and property that needs divided, it’s always a good idea to hire an attorney when seeking an annulment of marriage in Ohio.  Follow these steps closely:

1. Fill out court forms: you’ll have to fill out several different forms depending on the grounds of your annulment of marriage in Ohio, and you’ll have to file a petition with the county clerk as well.

2. File the forms with the county clerk: you will have to pay filing fees for every form you submit, and you will have to fill out even more forms if you want to establish temporary forms for child support, spousal support, or other issues within annulments of marriages in Ohio.

3. Serve the forms to the other party: you can have the court send the documents to the second party, you can mail the forms yourself, or you can have an outside party hand over the forms.

4. Set up a court hearing: annulments of marriages in Ohio must have supporting factors hold up in court, and you should hire a lawyer to help you prepare for the trial.