If you’re considering ending your marriage in Ohio, you have three routes: dissolution, divorce, or annulment. While any of these processes end a marriage, they differ in their requirements, implications, and outcomes.
Understanding Divorce in Ohio
A divorce legally ends a valid marriage. You can file for divorce in Ohio on fault or no-fault grounds. No-fault grounds include incompatibility (the statute states,” unless denied by either party, “so while technically no fault if the other person does not agree, may need to allege other grounds) and living separate and apart for one year. Fault-based grounds include:
- Adultery
- Extreme cruelty
- Gross neglect of duty
- Habitual drunkenness
- Imprisonment
- Fraudulent contract
- Willful absence for one year
To file for divorce in Ohio, you or your spouse must have been a state resident for at least six months before filing.
What is an Annulment?
An annulment is different from a divorce because it declares that your marriage was never valid in the first place. Think of it as “erasing” the marriage rather than ending it. However, annulments are much harder to obtain than divorces because they require proving specific grounds. There is a statute of limitation for an annulment – 3105.32- each ground for annulment has different time frames, but most of them are 2 years.
Statutory Grounds for Annulment are outlined in Ohio R.C. 3105.31:
- Underage marriage: The party seeking the annulment was under 18 at the time of marriage must seek annulment within 2 years of reaching age of majority. The underaged party’s parent/guardian may initiate an annulment proceeding on behalf of the underaged party before the underage person reaches the age of majority.
- Bigamy: One spouse is married to someone else
- Mental incompetency: By the mentally incompetent spouse or his or her relative/guardian when the mentally incompetent person was incapable of consenting to marriage
- Force or fraud: The marriage was obtained through force or fraudulent means
- Failure to consummate: One party is physically unable to consummate the marriage
Key Differences Between Divorce and Annulment
- Divorce: Must be an Ohio resident for six months
- Annulment: No residency requirement, but the action must be initiated within the statutory time frame and must prove specific statutory grounds
Next Steps – Whether you choose divorce or annulment, consulting with a qualified family law attorney is crucial. They can:
- Evaluate your specific situation
- Advise on the best course of action
- Guide you through the legal process
- Protect your rights and interests
Remember, each situation is unique, and what works for one person may not work for another. Consider scheduling a consultation to discuss your specific circumstances and determine the best path forward for your situation.