Annulment and prohibit marriage laws in Ohio

by | Jan 12, 2018 | family law, Firm News

In America, each states determines its own rules and regulations regarding marriage. These include rules on when a marriage may be annulled and when it may be prohibited. In Ohio, there are five grounds for annulment.

First, if one or both parties to the marriage are underage, then it is not recognized legally. The legal age in the state of Ohio to obtain a marriage license is 18-years-old. Second, if either of the parties are still legally married to someone else, a new marriage will be considered null. Bigamy is prohibited in Ohio. Third, mental incompetence. If it is determined that one or both parties made the decision to marry while mentally incompetent, or in other words, not able to make such a decision while understanding its effects, the marriage can be annulled. Fourth, if gaining consent for the marriage was done through fraudulent methods or other force. For example, if two underage parties needed consent from an adult to be married, but they gained that consent by manipulation or even threat of harm, then the marriage could be annulled. Finally, fifth, if the marriage was never consummated.

Prohibited marriages in Ohio include bigamy, which is defined as the act of going through a marriage ceremony while already married to another person. Also on the prohibited list are marriages between two parties who are related more closely than a second cousin.

The case which garnered attention of the nation regarding the recognizing of same-sex marriage started as an Ohio case, making it all the way to the Supreme Court. There, in 2015, it was determined that state bans on same-sex marriage were unconstitutional. That decision changed the landscape for the LGBTQ community across the nation, and therefore, same-sex marriages are now recognized as legally binding in Ohio.

If you have questions or need some guidance in determining the validity of a marriage, or the ability to have it anulled in the state of Ohio, consult a family law attorney.