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Patricia N. Campbell Legal Blog

Monday, May 13, 2013

How To Get An 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.  A void marriage is a marriage that never happened.   Since the marriage never happened, the court does not divide property and there is no spousal support or alimony.  An annulment DOES NOT make the children of the parties illegitimate, and it DOES NOT negate the presumption of paternity.  The court is required to make orders regarding the care, maintenance and support of the children.

A court can grant an annulment under limited circumstances, most of which have a time limit.

(A) The person who seeks to have the marriage annulled was under age (18 for males, 16 for females,) at the time of the marriage, unless after they became of age,  they lived with their spouse as husband and wife.  An annulment action 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.

(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.

(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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