Annulment in Ohio: Grounds, Time Limits, and What You Need to Know

When most people think about ending a marriage in Ohio, they think about divorce or dissolution. But in some situations, a marriage can be treated as if it never legally existed. That process is called an annulment.

At Hoffman Law, we regularly advise clients on whether they qualify for annulment under Ohio law—and whether it is the best option based on their goals. Below is a clear explanation of the grounds for annulment and the time limits for filing, based on the Ohio Revised Code.

What Is an Annulment?

An annulment is a court order declaring that a marriage was void or voidable from the beginning. Unlike a divorce, which ends a legally valid marriage, an annulment essentially says the marriage never existed in the eyes of the law. Annulment is only available in specific circumstances and only when the legal requirements are met.

Grounds for Annulment in Ohio

Under Ohio Revised Code 3105.31, a court may grant an annulment only for the following reasons:

1. One Spouse Was Underage

If one spouse was under Ohio’s legal marriage age at the time of the ceremony—an annulment may be granted unless the couple lived together voluntarily after both reached legal age.

2. Bigamy (A Prior Marriage Still Valid)

If a spouse was already legally married to someone else, the second marriage is void. This is one of the few situations where annulment is not limited by time.

3. Mental Incapacity at the Time of Marriage

If a spouse lacked the mental capacity to understand the marriage contract, the marriage can be annulled.

4. Consent Obtained by Fraud

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;

5. Consent Obtained by Force or Duress

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

6. Failure to Consummate the Marriage

That the marriage between the parties was never consummated although otherwise valid

Time Limits for Filing an Annulment in Ohio

Ohio law places strict time limits (statutes of limitations) on annulment actions. Under R.C. 3105.32, the deadlines are:

Underage Marriage

A complaint must be filed before the underage spouse reaches legal age—or shortly afterward if they never voluntarily lived together as adults.

Bigamy

No time limit. A bigamous marriage can be attacked at any time during the life of the first lawful spouse.

Mental Incapacity

Must be filed within 2 years of the marriage.

Fraud

Must be filed within 2 years of discovering the fraud.

Force / Duress

Must be filed within 2 years of the marriage.

Failure to Consummate

Must be filed within 2 years of the marriage.

Annulment vs. Divorce: Which Is Right for You?

Annulment is not always the best or simplest option. In many cases, a divorce or dissolution is faster and gives the court clearer authority to:

• Divide marital property

• Determine spousal support

• Allocate parental rights and responsibilities

Because annulment treats the marriage as if it never occurred, some remedies available in divorce may be limited or unavailable.

If you are not sure which option fits your situation, we can help you make the best decision based on your goals and circumstances.