In most cases, couples who wish to dissolve their marriages must file for a divorce. However, family law in Ohio allows either party in a marriage to request an annulment in certain situations. This doesn't break the union; instead, it treats the marriage as though it never existed. Below is a brief overview of this process.

What Is an Annulment?

An annulment completely invalidates a marriage, which means, legally, it never happened. Consequently, neither party has a right to the other’s property, spousal maintenance, or any other benefits of divorce. Instead of a divorce decree, the court will place both spouses in the same position that they were in before marriage.

What Are the Grounds for Annulment?

While divorce can be granted without cause, the petitioning party must give concrete reasons for an annulment. Ohio’s family law allows you to pursue one if either party was underage, still married to someone else, or declared mentally incompetent at the time of the union.

You may also argue that the marriage was entered into under duress, the threat of violence, or based entirely on fraud. Finally, you may be granted an annulment if the marriage itself was valid, but the parties never consummated the relationship.

How to Pursue This Action in Ohio

Void marriages, such as those entered into by minors, can be dissolved immediately without a court order. However, an annulment typically requires several hearings before a family law judge and a trial. A skilled attorney will help determine whether you’re a candidate for this process and guide you through it. Should you choose to seek legal separation or divorce instead, they can also represent you.

If your marriage is coming to an end, the experienced attorneys at O'Connor, Mikita & Davidson LLC are committed to providing the sound legal advice and effective representation you need. Their family law team has over 20 years of experience serving clients throughout the Cincinnati, OH, area. Visit their website for more on their capabilities. Call (513) 793-5297 to discuss your case with a lawyer today.