Ohio Divorce Guide


A successful petition to a court in this state for a marriage annulment will cause that court to decree that a marriage is null and legally treat it as if it never occurred. One must petition as in a divorce or separation proceeding, including having the other party served. It is more difficult to get an annulment versus a dissolution because Ohio annulment laws require a greater degree of proof. Grounds for annulment include:

  • Underage Marriage
  • Bigamy – having more than one spouse at a time
  • Mental Illness or incapacitation – your spouse is mentally ill either permanently or partially
  • Fraud – the consent of either party was obtained by fraud
  • Force or duress – the consent to the marriage of either party was obtained by force
  • Impotency – an inability to consummate the marriage
  • Incest – where one marries someone too close to them relationally (siblings, first cousins etc.)
Time limits (statute of limitations) to bringing actions for annulment:

Underage – 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;

Bigamy – by either party during the life of the other or by such former husband or wife

Mental Illness – by the party aggrieved or a relative or guardian of the party adjudicated mentally incompetent at any time before the death of either party

Fraud – by the party aggrieved within two years after the discovery of the facts constituting fraud

Force or duress – by the party aggrieved within two years from the date of the said marriage

Impotency – by the party aggrieved within two years from the date of the marriage

When one or both underage spouses become of age (age 18)

An underage spouse may bring an action for annulment due to being below the age of consent at the marriage or within two years of reaching the age of consent (age 18). After that time, if they continue to cohabit, they lose the right to that ground.

[OH ST § 3105.31 et seq. and OH ST §3111.01 et seq.]

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