Columbus Ohio Annulment Attorney  article about 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.

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In Ohio, there are several grounds for annulment.

(A) The person who seeks to have the marriage annulled was under age (per 3101.01 of the Ohio Revised Code, age 18 for males, age 16 for females,) at the time of the marriage, unless after they became of age,  they lived with their spouse as husband and wife).  Annulment can be filed by the under age person within two years of reaching legal age, or by a parent or guardian at any time before the minor reaches legal age.

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(B) Either party had another spouse at the time of the marriage, that spouse is still alive, and the marriage with that spouse has not been ended.  Annulment can be filed by either party during the life of the other, or by the former spouse.

(C) Either party has been declared legally incompetent, unless they regained competency, and afterwards lived with their spouse as husband and wife.  Annulment can be filed by the spouse of the person declared legally incompetent, or by a relative or guardian of the person found legally incompetent during the life of either spouse.

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(D) Either party agreed to the marriage based on fraud, unless after the marriage, willful knowledge of the fraud, they continued to live with their spouse as husband and wife.  Annulment can be filed by the defrauded spouse within two years after the discovery of the fraud.

(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.  Annulment can be filed within two years of the date of the marriage.

(F) That the marriage between the parties was never consummated although otherwise valid.  Annulment can be filed by the “aggrieved” party within two years from the date of the marriage.

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If the parties have grounds for annulment, they can petition the court for and receive an Annulment, even if there were children born during the marriage.  It is important to note that even if the parents’ marriage is annulled, the annulment does not illegitimize the children of the marriage, nor does it negate the presumption of paternity.   In addition, according to ORC 3105.21 the court is required to make orders regarding the care, maintenance and support of the children.

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In cases where the marriage is not technically valid, the parties may still wish to get an annulment, and for very good reason.  If parties received a marriage certificate, and completed a marriage ceremony, they might have a hard time getting a marriage license to marry again.  In addition, it is possible that the other party or the Officiant (priest, judge, pastor, etc.) may correct the procedural defect, and make the marriage valid.  By the time the defect is corrected, the person may already be married to someone else.  They may even have children with their new spouse – only to find out their marriage has now become invalid.  Therefore, if the marriage isn’t valid because of a defect, it may not be the best idea to just ignore the problem.  Instead, it might be a better idea to clean up the record before moving on with your new life.

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By far, the most common question our Columbus Ohio Annulment Attorneys hear about annulment is how much does annulment cost?   If the parties have ground for annulment and agree to cooperate in the process, then we can represent one of the parties (only) for a flat fee.  Our flat fee for annulment is found on our FAQ page.   If both parties are not in agreement regarding the annulment, we charge hourly rates, which can also be found on our FAQ page.

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Virginia Cornwell is an Ohio State Bar Association Certified Family Relations Specialist.