How to Annul a Marriage in Ohio

When Ohio residents seek to end a marriage, they may have more than one option. Divorce is the default choice for most couples, but some qualify to have their marriage annulled. Keep reading to learn DoNotPay's tips for getting an annulment in Ohio, and it's not the same as a divorce.

How an Annulment Differs From a Divorce

Both divorce and annulment terminate a marriage. The difference is this: when an annulment ends a marriage, it's legally void—in the eyes of the law, it never happened. So going on the theory that it didn't exist, there is no consideration about the three big sticking points in a divorce:

No property division
No property settlement
No alimony

The reasoning is this—if the marriage never happened, there is no cause for a settlement.

Can I Pick Whether to Get an Annulment or Divorce?

The answer is maybe, but probably not. Annulments can only be granted under certain conditions, and most involve the marriage being either prohibited or non-consensual. Every state has different grounds for annulment; these are the circumstances that will grant an annulment in Ohio.

Grounds for Getting an Annulment in Ohio

One spouse was underage at the time of the marriage, and the marriage was not consummated. For women, the age of consent is 16, and it's 18 for men. Either party has two years after they reach the legal age to ask for an annulment. But only if the couple did not live together during that time.
Either spouse was already married with a living spouse at the time of the wedding. Ohio does not permit bigamy. If you were waiting for a divorce to be finalized, that's still bigamy, and it's a misdemeanor punishable by six months in jail.
One spouse had been mentally incompetent at the time of the marriage. If this spouse later regained their wits and the couple stopped living together, they can ask for an annulment. If, however, they continue living together after competency is restored, a divorce is the only option. Having too big a time in Vegas and eloping at the Wee Wedding Chapel does count as mental incompetence, in case you were wondering.
If one party consented to the marriage because of fraud or deceit by the other party, you can get an annulment. An example would be a woman who tells her boyfriend she's pregnant to get him to marry her, and then he figures out she lied about the pregnancy. Again, if you continue to love together after the fraud is discovered, the court sees that as being okay with the fraud, and an annulment is off the table. The wronged spouse has two years to file for an annulment if they're no longer cohabitating.
Along those same lines, if one party was coerced into marriage by force. A shotgun wedding is a great example—and they did not live together after the wedding, either party can file for an annulment within two years.
If marriage was never consummated. Typically because one party is physically unable, then you can ask for an annulment. As with other circumstances, you have two years to file.

The Common Thread

You've probably noticed a common thread through the criteria for an annulment—that the marriage is not happening by mutual consent and that consummation qualifies as a form of mutual consent. There are certainly some circumstances where the consummation is not mutual, and the courts have leeway with annulments in these cases.

I’m Pregnant–Can I Still Get an Annulment?

If you meet one of the criteria for an annulment, your gestational status is irrelevant to the dissolution of your marriage. It is more difficult to obtain an annulment if you are expecting it because the courts consider consensual sex a barrier to an annulment.

What About Alimony?

You can't get alimony for a marriage that never happened. If there are children from the marriage, child support is an entirely different issue as any offspring obviously exist.

How Long Will It Take To Get My Marriage Annulled?

Although annulments don't carry the baggage of divorce, it's still legal proceeding and takes time. If both parties agree, plan for a few months. If one spouse is not agreeable and it goes to court, it can take a year or more.

DoNotPay Is Here to Help You Get Started

If you think you have grounds for an annulment but don't want to spend thousands of dollars on an attorney, DoNotPay is here to give you a hand with the preliminary paperwork. Our system can determine if you're eligible for an annulment and let you know the steps for filing. It costs $150 to file in Ohio, and you have to be at the county courthouse in person. Here's all you have to do.

Search for Annulment on the DoNotPay website.
Kick-off the process to see if your marriage is eligible for an annulment.
Answer some specific questions about your marriage and see if your state law allows for an annulment.