{"id":375602,"date":"2016-03-31T21:36:18","date_gmt":"2016-04-01T02:36:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/ohio-law\/ohio-annulment-and-prohibited-marriage-laws.html"},"modified":"2023-02-10T11:37:10","modified_gmt":"2023-02-10T16:37:10","slug":"ohio-annulment-and-prohibited-marriage-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/ohio-law\/ohio-annulment-and-prohibited-marriage-laws.html","title":{"rendered":"Ohio Annulment and Prohibited Marriage Laws"},"content":{"rendered":"\n
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Ohio Annulment and Prohibited Marriage Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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.<\/p>\r\n

Civil Annulments Versus Divorce<\/h2>\r\n

Divorce refers to the termination of a valid marriage, while annulment<\/a> 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. The chart below covers the reasons a person may pursue an annulment.<\/p>\r\n

Prohibited Marriages<\/h2>\r\n

Ohio law prohibits bigamy and marriages between closely related family members. At one point in history, Ohio also prohibited same-sex marriages. However, in 2015, the U.S. Supreme Court determined that state bans on same-sex marriage are unconstitutional. The U.S. Supreme Court did so in a case called Obergefell v. Hodges<\/a>.<\/i><\/p>\r\n

The main provisions of Ohio’s laws related to civil annulments and prohibited marriages are listed in the table below. See FindLaw’s Marriage Law<\/a> section for related articles.<\/p>\r\n\r\n

Grounds for Annulment<\/p>\r\n<\/td>\r\n

Under Section 3105.31<\/a>, the following are grounds for annulments:<\/p>\r\n

Time Limits for Obtaining Annulment<\/p>\r\n<\/td>\r\n

Under Section 3105.31, time limits are as follows:<\/p>\r\n

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  • For parties that are underage, within two years unless the parties voluntarily live together<\/li>\r\n
  • For previously undissolved marriages, anytime during the lifetime of the parties<\/li>\r\n
  • For reasons related to mental illness, anytime before death<\/li>\r\n
  • For reasons related to fraud, within two years of discovering fraud, unless the parties have voluntarily lived together<\/li>\r\n
  • For reasons related to consent obtained by force, two years after the marriage unless the parties have voluntarily lived together<\/li>\r\n
  • For failure to consummate the marriage, within two years of the marriage<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Legitimacy of Children<\/p>\r\n<\/td>\r\n

Under common law, children that are born to legally invalid marriages or marriages that have been annulled are considered legitimate.<\/p>\r\n<\/td>\r\n<\/tr>

Prohibited Marriages<\/p>\r\n<\/td>\r\n