How To Annul Your Marriage – Forbes Advisor – Technologist

To get an annulment, you must file a complaint in the Domestic Relations Court for the county where either you or your spouse live in Ohio. You can find the forms online that you must fill out by visiting the county court’s website. For example, Montgomery County provides a complaint for annulment online.

Your spouse must be served with paperwork informing them that the complaint has been filed and will be given a chance to answer the complaint with their own court filings.

You will likely need to attend a court hearing and present evidence proving the marriage is void or voidable. This could include proof of fraud, incapacity or duress. If the court determines you have proved your case, you will get a Final Decree of Annulment.

Initiating the Annulment Process

To initiate the annulment process, you must find the Domestic Relations Court serving your Ohio county. There’s an online guide to courts by county in Ohio that you can use. You must then file the correct forms and pay the required court filing fee. For example, in Montgomery County, Ohio you may be required to file:

• a complaint
• an affidavit of financial disclosure
• a primary party questionnaire
• an application for child support services of applicable
• a request for service to ensure your spouse is properly notified of the proceedings

Required Documentation

You must be prepared with evidence to show why your marriage should be canceled. The specific evidence you need depends on the reason for the annulment.

If you want your marriage annulled because your spouse used fraud to convince you to get married, you would need to demonstrate that fraud occurred and played a material role in convincing you to get married.

If you are petitioning for annulment on other grounds, such as duress or lack of capacity, you’ll need evidence showing you were forced into the marriage or unable to consent because you were underage or mentally incapacitated at the time.

An Ohio family law attorney can provide insight into the types of evidence you will need based on your reasons for having the marriage declared void.

Court Filing Procedures

You must comply with the rules of civil procedure and with your local county’s rules when filing forms with the court. If you are self-represented, you still must follow these rules.

In Montgomery County, you must submit your completed court forms to the Court’s Compliance Office to ensure they were prepared in accordance with the law. Other counties have similar requirements regarding accuracy and completion.

Court staff are not able to provide you with legal advice when you file court paperwork. You should consult with a skilled attorney who can help ensure you submit the correct forms and documentation within the allowable time limit.

Serving Annulment Papers to Your Spouse

Your spouse has the right to be notified that you have initiated annulment proceedings. This is called service of process. There are different legal ways you can serve someone including:

• United States certified or express mail
• a commercial carrier return receipt requested
• the sheriff
• a civil process server

Waiver of service may also be allowed if you and your spouse file court forms together and agree that serving court papers is not necessary.