Columbus, OH Annulment Lawyers

Annulment Lawyer in Columbus, Ohio

An annulment declares a marriage legally void, as if it never existed. If your marriage was entered under fraud, coercion, or other qualifying conditions, our attorneys can help you pursue an annulment in Ohio.

What Is an Annulment?

An annulment is a legally accepted procedure that cancels a marriage, as outlined in Ohio Revised Code Section 3105.31. From a legal perspective, an annulled marriage was never valid or never technically existed. Unlike divorce, which ends a valid marriage, annulment treats the marriage as if it never happened.

In Franklin County and the rest of Ohio, the annulment process cannot proceed if your reasons for termination don’t fall under the legally recognized grounds for nullification. Understanding whether your situation qualifies is the critical first step.

Filing Cost in Ohio

Court filing fees vary by county and are subject to change. In Columbus and Franklin County, filing fees for an annulment case are approximately $175. In Cleveland, filing fees are around $150. Verify current fees with the appropriate court. Attorney fees are additional and depend on case complexity.

Grounds for Annulment in Ohio

Before filing for an annulment, it’s important to verify that your marriage qualifies. Ohio Revised Code Section 3105.31 lists six causes for which a voidable marriage can be annulled. Tap each to learn more.

Either spouse was already legally married to another person at the time of the marriage. A person cannot be legally married twice, making the subsequent marriage void. Ohio law treats bigamous marriages as void from the start, meaning there is no time limit to challenge them. If you discover your spouse had a prior undissolved marriage, you may have grounds for annulment regardless of when the marriage took place.
One party entered the marriage unwillingly or through threats. Legal marriage must be based on free consent from both individuals. If coercion, intimidation, or duress is proven, the marriage qualifies for annulment under Ohio law. Courts examine the circumstances surrounding the marriage ceremony to determine whether genuine voluntary agreement was present.
One party entered the marriage based on material lies told by the other, such as claiming a false identity, fabricating a pregnancy, or concealing a serious criminal history. The fraud must go to the essence of the marriage and be significant enough that the deceived party would not have consented had they known the truth. Ohio courts take a case-by-case approach to evaluating fraud claims.
Either spouse was under the legal marriage age as established by Section 3101.01 of Ohio law. If the underage party did not freely continue the marriage after reaching legal age, the case has grounds for annulment. The petition must generally be filed within two years of the underage spouse reaching the age of consent. Parental or guardian involvement at the time of the marriage may also be relevant.
Either spouse was mentally incompetent due to drugs, alcohol, or other conditions and could not provide informed consent at the time of the marriage. If the affected party did not continue the marriage after mental capacity was restored, annulment may be available. Medical records and expert testimony are often critical in establishing this ground. Courts will assess whether the individual understood the nature and consequences of the marriage.
Either spouse was physically incapable of consummating the marriage. This must be a permanent condition that existed at the time of the marriage and was unknown to the other party. Ohio courts require medical evidence to support this claim. The inability must be ongoing rather than temporary, and the petitioning spouse must not have been aware of the condition before the ceremony.
If you meet one of the conditions above, you can seek an annulment in Ohio by working closely with an experienced annulment attorney.

Protecting Your Rights From the Start

Annulment cases involve unique legal complexities that differ significantly from standard divorce proceedings. Whether you’re dealing with fraud, coercion, or other qualifying grounds, having experienced legal counsel ensures your case is presented effectively. Our attorneys understand the evidentiary requirements for each ground and will guide you through every step. Protecting your rights from the outset is essential to navigating this process effectively.

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Divorce vs. Annulment: Key Differences

Cost

Divorce

Generally more expensive due to complexity of asset division, custody, and support proceedings.

Annulment

Typically less expensive because the marriage is treated as if it never existed.

Spousal Support

Divorce

The court may award alimony and divide assets equitably between spouses.

Annulment

Generally no spousal support, because the marriage is declared void from the start. However, courts may still address certain financial matters in limited circumstances.

Filing Timeline

Divorce

Can be filed at any point during the marriage.

Annulment

For voidable marriages, must generally be filed within two years of the marriage date. Void marriages (such as bigamy) have no time limit.

Property Division

Divorce

Marital property is divided equitably by the court.

Annulment

Generally no marital property to divide and assets return to their original owners. However, courts may apply equitable principles to jointly acquired property.

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Let our attorneys stand with you

Get an Annulment Attorney Today

Court hearings can be daunting, especially when emotions are involved. At Borshchak Law Group, we provide you with a strong attorney-client relationship to evaluate whether your grounds for annulment qualify under Ohio law and guide you through the process.

Our experienced annulment attorneys will walk you through the court proceedings and advocate on your behalf. Under Ohio Revised Code Section 3105.32, most voidable marriages must be filed within two years of the marriage date, though certain void marriages (such as bigamy) have no time limit. Don’t wait to explore your options.

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What does an annulment do legally?

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For informational purposes only. This is not legal advice.

Common Questions About Annulment in Ohio

Answers to the questions we hear most often.

An annulment declares the marriage was never legally valid, as if it never existed. A divorce ends a valid marriage. Annulments are only granted under specific circumstances such as fraud, duress, or incapacity. The legal and financial implications differ significantly.
The time limit depends on the ground. For underage marriage, you must file within two years of reaching legal age. For fraud, within two years of discovery. For other grounds such as bigamy or mental incapacity, there may be no strict deadline, but courts expect prompt action once the issue is known.
The length of the marriage alone does not determine eligibility for annulment. You must prove one of the specific legal grounds recognized by Ohio law. Even a very short marriage requires a valid legal basis for annulment rather than simply a change of heart.
Because an annulment treats the marriage as if it never existed, property division is handled differently than in divorce. Generally, each party retains what they brought into the marriage. However, courts can make equitable adjustments to prevent unjust outcomes.
Yes. Ohio law protects children born during an annulled marriage. They are considered legitimate, and both parents retain their parental rights and obligations including custody and child support, just as they would after a divorce.

Understand Your Annulment Options

If your marriage may not have been legally valid, we can help you explore whether annulment is right for your situation.