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Annulments in Ohio
To obtain an annulment in Ohio, a marriage must be found to be void or voidable.
Void marriages are invalid immediately and do not require a court order to be annulled; a voidable marriage requires a trial and hearing to prove the grounds for annulment.
Children born to an annulled marriage remains legitimate. Moreover, an annulment does nothing to affect custody or child support and instead establishes a presumption of paternity.
Ohio law on annulments is spelled out in Ohio Statutes 3105.31 et seq. and 3111.01 et seq.
Void marriages are prohibited by law and are not legal. Continued cohabitation cannot make the marriage valid. Void marriages include:
Voidable marriages are those that are valid but can be declared void under certain circumstances. Specifically, grounds for voidable marriages can be waived by cohabitation after the condition is discovered or remedied. Voidable marriages and limitations include:
An annulment requires paperwork to be filed with the court and a hearing with evidence including documents and/or witnesses that support the claim for annulment.
To get an annulment, the petitioner files a complaint for an annulment and other paperwork in the county court. In the complaint, the petitioner provides basic information about the parties, their marriage, their children, and the reason for the annulment. The paperwork is filed with the clerk of the court and appropriate fees are paid. After filing, a person other than the petitioner usually delivers the annulment to the respondent. The paperwork can also be mailed. Usually, the judge holds a hearing to determine whether an annulment is proper. The parties testify under oath and present other evidence to help the court make a determination.
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