Annulment in Ohio

Annulment is one of the three ways to end a marriage in Ohio.  Technically, the marriage does not end when a marriage is annulled, the marriage is voided.  Legally, it is as if the marriage never happened.  This means there is no property division and no spousal support.  It is as if the marriage has been erased.

In Ohio, there are several grounds for annulment. 

(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.

Ohio Law places restrictions on who may file for annulment, and when such an action may be filed.

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.

For information about our fees for annulment, click here.

If you would like information about annulment or any family law matter, contact our office at 614-225-9316 to schedule a consultation.

The information provided in this web site is applicable in the state of
Ohio and is provided as a public service. While Virginia Cornwell is a Columbus Ohio Divorce Lawyer and a Columbus Ohio Custody Attorney, viewing the information in this web
site does not constitute an attorney-client communication, and acting upon
information obtained from this web site does not create an attorney-client
relationship. If you would like to discuss the application of the law to your
fact situation, or if you would like additional information, please call the Law
Offices of Virginia C. Cornwell at 614-225-9316 to schedule a consultation.

Schedule a Consultation:

1. Your Name:(required)
2. Your Email:(required)
3. Phone Number to Reach You:(required)
4. Message(required)
5. I am aware that the initial consultation fee is $125.
6. I have not included any contact information that should not be used to reach me.

 

cforms contact form by delicious:days

Published in Annulment, Annulment Attorneys, Annulment Columbus Ohio, Annulment Grounds, Annulment Lawyers, Annulment in Ohio, Columbus, Columbus Family Law Attorney, Divorce Attorney Columbus, Divorce Attorney Columbus Ohio, Divorce Law, Divorce Lawyer Columbus, Divorce Lawyer Columbus Ohio, Find a Lawyer, Franklin County Lawyers, Ohio Divorce Attorney, Ohio Divorce Law, Ohio Divorce Lawyer