Filing for Annulment in Clinton County

Clinton County, Ohio · Wilmington

An annulment treats the marriage as if it never happened. Ohio courts grant annulments only on the limited grounds in R.C. 3105.31. Clinton County annulment cases are e-filed through efile.henschen.com and follow the same complaint-and-service process as divorce. Contact the Clerk at (937) 382-2316 to confirm any case-specific filing requirements.

How do I file for annulment in Clinton County, Ohio?

E-file a Complaint for Annulment with the Clinton County Court of Common Pleas at 46 South South Street, Suite 333, Wilmington, OH 45177, through efile.henschen.com. Clinton does not publish a separate annulment form — use the Ohio Supreme Court divorce complaint (Form 4 without children, Form 5 with children) and change the caption to "Annulment." The body must plead one of the five R.C. 3105.31 grounds: underage at marriage, bigamy, mental incompetency, fraud or duress in obtaining consent, or non-consummation. Include the local Case Designation Form and Personal Identifier Form. Filing fees are $300 without children and $400 with children.

Where to File: Clinton County Court of Common Pleas (Domestic Relations)

46 South South Street, Suite 333, Wilmington, OH 45177, Wilmington, OH 45177
Phone: (937) 382-3640
Hours: Monday-Friday 8:00 AM - 4:00 PM
Website: www.clintoncountycourts.org/

Juvenile Branch (Never-Married Parents)

Clinton County Juvenile Court
46 South South Street, Wilmington, OH 45177, Wilmington, OH 45177
Phone: (937) 382-2391
Hours: Monday-Friday 8:00 AM - 4:00 PM

Annulment is the right path if…

One party was under the legal age to marry without the required consent.
One spouse was already legally married to someone else when the ceremony took place (bigamy).
One spouse was mentally incompetent at the time of the marriage.
Consent to marry was obtained by fraud or duress.
The marriage was never consummated.

If none of the R.C. 3105.31 grounds applies, you cannot annul the marriage in Ohio — file a Divorce or Dissolution instead. See Clinton County divorce.

Filing Fees

$300 without children · $400 with children · Five R.C. 3105.31 grounds only

Forms & Filing Packets

Core annulment packet (no minor children) — $300

Clinton County Case Designation Form (local) — Required with every new domestic relations filing in Clinton County. Tells the Clerk what type of action you are filing.
Clinton County Personal Identifier Form (local) — Required with every new DR filing. Captures protected personal identifiers (SSN, DOB, etc.) on a separate form so they stay out of the public file.
Complaint for Annulment Without Children (Supreme Court Form 4 — relabel caption) — Clinton County does not publish an annulment form. Use Form 4 with the caption changed to "Annulment" and the body pleading one of the R.C. 3105.31 grounds.
Affidavit of Income & Expenses (Affidavit 1) — Must be notarized. Required at filing in every Clinton DR case. Both parties file their own.
Affidavit of Property (Affidavit 2) — Lists every asset and debt. Required at filing alongside the Income Affidavit.

Core annulment packet (with minor children) — $400

Even if the marriage is annulled, children born during the alleged marriage are presumed legitimate and the court must allocate parental rights and child support.

Clinton County Case Designation Form (local) — Required with every new domestic relations filing in Clinton County. Tells the Clerk what type of action you are filing.
Clinton County Personal Identifier Form (local) — Required with every new DR filing. Captures protected personal identifiers (SSN, DOB, etc.) on a separate form so they stay out of the public file.
Complaint for Annulment With Children (Supreme Court Form 5 — relabel caption) — Use Form 5 with the caption changed to "Annulment" when minor children were born or adopted during the alleged marriage.
Affidavit of Income & Expenses (Affidavit 1) — Must be notarized. Required at filing in every Clinton DR case. Both parties file their own.
Affidavit of Property (Affidavit 2) — Lists every asset and debt. Required at filing alongside the Income Affidavit.
Parenting Proceeding Affidavit (Affidavit 3 — UCCJEA, R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's UCCJEA jurisdiction.
Health Insurance Affidavit (Affidavit 4) — Discloses whether health insurance is available for the children through either parent's employer.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court is being asked to set or modify support.
Sole-Residential Parenting Plan (Supreme Court Form 21) — Used when one parent will be designated residential parent and legal custodian.

How to File Annulment in Clinton County

Verify a R.C. 3105.31 ground applies. Underage at marriage, bigamy, mental incompetency, fraud or duress, or non-consummation. If none fits, annulment is not available.
Check the statute's timing limits. Several grounds must be raised within a fixed period after discovery or before continued cohabitation. Read R.C. 3105.31 carefully or consult an attorney.
Draft the complaint. Use Ohio SC Form 4 (no children) or Form 5 (with children) and change the caption to "Annulment." In the body, plead the specific R.C. 3105.31 ground and the supporting facts.
E-file through efile.henschen.com with the local forms. Upload the complete packet (including Case Designation Form and Personal Identifier Form) and pay the filing fee ($300 / $400).
Plan for children even if annulled. If children were born during the alleged marriage, file the parenting affidavits, Health Insurance Affidavit, child support worksheet, and a proposed parenting plan — the court still has to resolve those issues.

Clinton County Practice Notes

Grounds are strictly limited. Ohio courts will dismiss an annulment that does not plead one of the five R.C. 3105.31 grounds. "We made a mistake" is not a ground — file a divorce or dissolution instead.
Watch the timing limits. R.C. 3105.31 imposes specific timing limits on certain grounds — for example, the underage and non-consummation grounds must generally be raised before a party reaches majority or starts cohabiting. Read the statute carefully or call us before filing.
Children are still legitimate. Even if the court grants annulment, R.C. 3111.03 presumes a child born during the alleged marriage is the child of both parties. Custody, parenting time, and child support are allocated just like in a divorce.

Frequently Asked Questions

What are the residency requirements to file in Clinton County?: For divorce, legal separation, or annulment, you or your spouse must have lived in Ohio for at least 6 months and in Clinton County for at least 90 days before filing. Dissolution only requires the 6-month Ohio residency.
How much does it cost to file in Clinton County DR?: Filing fees are $300 for a dissolution or divorce without children and $400 with children. A motion to reopen a case with children is $175; a civil motion to reopen is $100. Home investigations are $150. CPO petitions have no filing fee. Copies are $0.10 per page; certified copies add $2.00 per document.
Do I have to e-file in Clinton County?: Yes. Clinton County has required mandatory e-filing for all Common Pleas filings since January 1, 2024. File through efile.henschen.com. You will set up an account, upload your PDFs, and pay the filing fee online.
What local forms must accompany every new DR filing?: Two local forms are required with every new domestic relations filing: the Clinton County Case Designation Form and the Personal Identifier Form. Both are available on clintoncountycourts.org and must be e-filed with your complaint or petition.
When do I file in Juvenile Court instead of DR?: If the parents were never married, custody, parenting time, and child support are filed in the Clinton County Juvenile Court at 46 South South Street, Wilmington — phone (937) 382-2391. If you were married, those issues travel with the divorce, dissolution, legal separation, or annulment in DR.

Free Local Resources in Clinton County

Clinton County Clerk of Courts. 46 South South Street, Wilmington, OH 45177. Phone (937) 382-2316. E-filing through efile.henschen.com.
Clinton County DR Local Rules (with form appendices). clintoncountycourts.org — DR forms are appendices to the local rules document.
Ohio Supreme Court Standardized Forms. Used for the complaint, affidavits, decree, parenting plans, and motions. Available at supremecourt.ohio.gov.
Ohio Child Support Calculator. ohiochildsupportcalculator.ohio.gov — run the worksheet and print it for filing.
Clinton County Law Library. 46 South South Street, Wilmington — (937) 382-2428.
Alternatives to Violence Center (Clinton County). 94 N. South Street, 3rd Floor, Suite D, Wilmington — Office (937) 383-3285 · 24-hour Crisis Line 1-888-816-1146.
Ohio Legal Help. ohiolegalhelp.org — plain-language guides and form walkthroughs.

Related to your annulment case

Spousal Support — Pursue or respond to alimony requests during and after divorce.
Paternity & Custody — Establish parentage and build a parenting plan that protects your children.
Child Support — Calculate, establish, or modify support under Ohio's guidelines.

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Ohio Annulment guide — Statewide overview of annulment in Ohio.
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