Regulations relating to marriage, divorce, and annulment are made at the state level. This means that different states have different laws determining when a marriage may be annulled and which types of marriages are prohibited.
Divorce refers to the termination of a valid marriage, while annulment refers to an invalid marriage that is not recognized by law. A party must demonstrate legal grounds (legally-accepted reasons) for an annulment. Each state has laws providing the legal grounds for annulment. Under Ohio annulment and prohibited marriage laws, the grounds for annulment include: if one or both parties are underage, the presence of an undissolved previous marriage, mental incompetence, if consent to be married was obtained through fraud or force, or the marriage was never consummated.
Ohio law prohibits bigamy as well as marriage between individuals who are related (more closely than second cousins). Ohio previously forbade same-sex marriages. In fact, the 2015 Supreme Court Decision that determined that state bans on same-sex marriage and refusal to acknowledge the lawful same-sex marriages of other states were unconstitutional, Obergefell v. Hodges, started as an Ohio case.
The main provisions of Ohio's annulment and prohibited marriage laws are listed in the table below. See FindLaw's Marriage Law section for related articles.
| Code Sections | 3105.31-32; 3101.01 |
| Grounds for Annulment | Underage; previous marriage undissolved; mental incompetence; consent obtained by fraud or force; never consummated |
| Time Limits for Obtaining Annulment | 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 |
| Legitimacy of Children | Statute assuring legitimacy repealed. (formerly 3105.33) |
| Prohibited Marriages | Between persons nearer in kin than second cousins; previous marriage undissolved |
Note: State laws are constantly changing -- contact an Ohio family law attorney or conduct your own legal research to verify the state law(s) you are researching.
More Information
If you’d like to read up on more information relating to Ohio’s laws on annulment and prohibited marriage, feel free to click on the links to related resources listed below. Or, for more general information on annulment, marriage, and divorce, you can also check out FindLaw’s family law section. Finally, for individualized legal advice and assistance, contact a local family law lawyer.
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Ohio Annulment and Prohibited Marriage Laws: Related Resources
