Thursday, February 26, 2015

Ohio Annulments



 An Ohio court may determine that a marriage is legally invalid because of one of the causes detailed below that existed at the time of the marriage. An annulment treats the marriage as though it never existed. 
 
3105.31 Causes for annulment.
A marriage may be annulled for any of the following causes existing at the time of the marriage:
(A) That the party in whose behalf it is sought to have the marriage annulled was under the age at which persons may be joined in marriage as established by section 3101.01 of the Revised Code, unless after attaining such age such party cohabited with the other as husband or wife;
(B) That the former husband or wife of either party was living and the marriage with such former husband or wife was then and still is in force;
(C) That either party has been adjudicated to be mentally incompetent, unless such party after being restored to competency cohabited with the other as husband or wife;
(D) 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;
(E) 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;
(F) That the marriage between the parties was never consummated although otherwise valid.
Effective Date: 09-24-1963 

3105.32 When action for annulment must be commenced and by what parties.
An action to obtain a decree of nullity of a marriage must be commenced within the periods and by the parties as follows:
(A) For the cause mentioned in division (A) of section 3105.31 of the Revised Code, by the party to the marriage who was married under the age at which persons may be joined in marriage as established by section 3101.01 of the Revised Code, within two years after arriving at such age; or by a parent, guardian, or other person having charge of such party at any time before such party has arrived at such age;
(B) For the cause mentioned in division (B) of section 3105.31 of the Revised Code, by either party during the life of the other or by such former husband or wife;
(C) For the cause mentioned in division (C) of section 3105.31 of the Revised Code, by the party aggrieved or a relative or guardian of the party adjudicated mentally incompetent at any time before the death of either party;
(D) For the cause mentioned in division (D) of section 3105.31 of the Revised Code, by the party aggrieved within two years after the discovery of the facts constituting fraud;
(E) For the cause mentioned in division (E) of section 3105.31 of the Revised Code, by the party aggrieved within two years from the date of the said marriage;
(F) For the cause mentioned in division (F) of section 3105.31 of the Revised Code, by the party aggrieved within two years from the date of the marriage.
Effective Date: 09-24-1963
Underage: Within 2 yrs. of age of consent unless voluntary cohabitation; Previous marriage undissolved: Anytime during life of parties; Mental: Anytime before death; Fraud: Within 2 yrs. of discovering fraud unless voluntary cohabitation; Force: 2 yrs. after marriage unless voluntary cohabitation; No consummation: 2 yrs. from marriage

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