In Ohio, a marriage can only be terminated by divorce, dissolution or annulment, according to Dennis P. Levin, a family law expert. While a divorce or dissolution offers a decree that terminates the marriage, an annulment offers a decree that acknowledges the marriage never legally existed.
Underage Marriage
A judge can annul a marriage if one party was underage at the time the marriage took place and if the parties did not live together as husband and wife after the marriage. You must petition the court for an annulment within two years of reaching the legal age to marry for it to be valid.
Bigamy
A marriage in which one spouse is already legally married, and their husband or wife is still alive, is considered bigamous and is grounds for an annulment. You can file an annulment based on bigamy anytime within the marriage.
Mental Incompetence
Both parties must be mentally competent to enter into a marriage agreement. If one party is declared mentally incompetent by a mental health care professional, the marriage is eligible for an annulment. You can file for an annulment at any time unless competency has returned and you have lived as husband and wife since then.
Fraud
A marriage obtained because of fraud can be annulled by a judge. Examples of fraud include marrying for immigration purposes, a spouse concealing they are sterile or enticing someone into a marriage by misrepresentations. A petition for annulment, based on fraud, must be filed within two years of discovering the fraud.
Force
Parties cannot legally be forced into a marriage. An annulment based on force must be filed within two years of the marriage date to be valid.
Consummation
Parties who do not consummate the marriage can file for an annulment. The petition must be filed within two years of the marriage date to be valid.
