Under Ohio law, an annulment is another option to terminate a marriage. The Ohio Revised Code 3105.5, Cause for Annulment, lists six (6) ways an annulment can be granted. They are:
- O.R.C. 3105.31 (A): If one of the spouses was under the age of 18 at the time of the marriage, unless one party reaches 18, they then cohabitate with each other as husband and wife.
- O.R.C. 3105.31 (B): If, at the time of the marriage seeking to be annulled, one of the parties was still in a valid marriage.
- O.R.C. 3105.31 (C): If at the time of the marriage, it is deemed that the party was mentally incompetent.
- O.R.C. 3105.31 (D): If the consent of either party was obtained by fraud. Unless afterward with full knowledge of the facts constituting the fraud, they then cohabitated with each other as husband and wife.
- O.R.C. 3105.31 (F): If the marriage between the parties was never consummated, although otherwise valid.
What Makes Annulment Unique?
The unique aspect is that should you successfully have an Ohio Court grant an annulment, legally, it’s as if the marriage never took place. Therefore, there is no division of property or spousal support. Another unique aspect of an annulment is that there is a time limit to bring the cause for the annulment.
Time Limits
Here are the time limits for each of the six (6) ways outlined above as defined by O.R.C. 3105.32:
Any annulment sought according to subsection (A) can be brought at any time before the spouse, who is underage, reaches the age of majority or within two (2) years after that person reaches the age of majority.
Under subsection (B), there is no time limit, and either party can make the application for annulment during the life of the other or by such a former husband or wife.
Under subsection (C), there is no time limitation, and a complaint about annulment can be brought by the grieving party, relative, or the guardian of the party, who is deemed mentally incompetent, at any time before the death of either party.
Under subsection (D), the cause of action must be maintained within two (2) years after discovering the facts constituting fraud.
Under subsection (E), the party must bring an action for annulment within two (2) years from the marriage date.
Under subsection (F), the party must bring a cause of action within two (2) years from the marriage date.
If a person seeking an annulment fails to bring an action within the timeframes outlined above, they must terminate their marriage by either divorce or dissolution.
If you want to learn more about annulment or consider getting an annulment and have questions, contact a family lawyer at Slater & Zurz LLP for a consultation. Would you please call 1-888-534-4850 or send us a website message?
