Marla Edwards said:
i married my husband while he awaited trial in the Franklin Co. jail in Columbus, OH Nov 11, 1999. He was sent to state prison and remains there. I have now seen some of his "true colors" and may want to end the marriage- it has never been consumated. can i file for annulment as opposed to dissolution or divorce? and will I have to hire an attorney ? thank you
My response:
Well, it looks like subpart (F) is your ticket to Nirvana. Now all you have to do is "prove it" when he claims it was, and you're out of your mind for saying it wasn't.
BALDWIN'S OHIO REVISED CODE ANNOTATED
TITLE XXXI. DOMESTIC RELATIONS--CHILDREN
CHAPTER 3105. DIVORCE, LEGAL SEPARATION, ANNULMENT, DISSOLUTION OF MARRIAGE
ANNULMENT
3105.31 GROUNDS FOR ANNULMENT
A marriage may be annulled for any of the following causes existing at the time of the marriage:
(A) That the party in whose behalf it is sought to have the marriage annulled was under the age at which persons may be joined in marriage as established by section 3101.01 of the Revised Code, unless after attaining such age such party cohabited with the other as husband or wife;
(B) That the former husband or wife of either party was living and the marriage with such former husband or wife was then and still is in force;
(C) That either party has been adjudicated to be mentally incompetent, unless such party after being restored to competency cohabited with the other as husband or wife;
(D) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, cohabited with the other as husband or wife;
(E) That the consent to the marriage of either party was obtained by force, unless such party afterwards cohabited with the other as husband or wife;
(F) That the marriage between the parties was never consummated although otherwise valid.
