Annulment in Darke County

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026

Darke County, Ohio · Greenville

An annulment is a court declaration that a marriage was void or voidable from the start — treating it as though it never validly existed. In Darke County, an annulment is filed in the Domestic Relations Division of the Court of Common Pleas under R.C. 3105.31. The grounds are narrow and statutory, and an annulment is not a faster substitute for divorce.

What are the grounds for annulment in Darke County, Ohio?

An annulment under R.C. 3105.31 declares a marriage void or voidable from the start on a statutory ground — typically that a party was underage, an existing prior marriage (bigamy), fraud, duress, or mental incapacity. It is filed in the Domestic Relations Division of the Darke County Court of Common Pleas and uses the same pleading set as a divorce, including the yellow Questionnaire and the financial affidavits. The grounds are narrow, so an annulment is not available simply because the marriage was short, and it is not a faster substitute for divorce. The DR deposit is $300 (confirm with the Clerk at (937) 547-7335); a fee waiver is available.

Ohio Divorce by the Numbers

  • 6 months Ohio residency required before you can file Source: Ohio Revised Code § 3105.03
  • 90 days Residency in the county of filing (venue) Source: Ohio Civ. R. 3
  • 30–90 days Typical time to finalize an uncontested dissolution Source: Ohio Revised Code § 3105.64
  • 1 year Living separate and apart that qualifies as no-fault grounds Source: Ohio Revised Code § 3105.01

Compare Your Options for Ending a Marriage in Ohio

PathEnds the marriage?Agreement required?Best when
DissolutionYesYes — on every term before filingBoth spouses agree on everything and want the fastest, lowest-cost path
Divorce (contested)YesNoSpouses disagree on property, support, or parenting and need a judge to decide
Divorce (uncontested / default)YesNoOne spouse will not respond or cannot be located
Legal separationNo — you stay marriedOptionalYou need court orders but must stay married (religion, insurance, or benefits)
AnnulmentTreated as never validNoThe marriage was never legally valid (fraud, bigamy, underage, or incapacity)

Where to File: Darke County Court of Common Pleas, Domestic Relations Division

Darke County Courthouse, Second Floor, 504 South Broadway, Greenville, OH 45331
Phone: (937) 547-7335
Hours: Monday–Friday 8:00 a.m.–4:00 p.m.
Website: darkecountycommonpleas.com

Juvenile Branch (Never-Married Parents)

Darke County Probate/Juvenile Court, Juvenile Division
300 Garst Ave, Greenville, OH 45331
Phone: (937) 547-7350
Hours: Monday–Friday 8:00 a.m.–4:30 p.m.

Annulment is the right path if…

  • You believe your marriage was never legally valid on a statutory ground.
  • Your situation fits a recognized ground — underage, bigamy, fraud, duress, or incapacity.
  • You understand an annulment is not available just because the marriage was short.
  • You can file in the Darke County Domestic Relations Division and pay the deposit (or request a waiver).

Filing Fees

Annulment is filed in the Domestic Relations Division. The DR deposit is $300 — confirm the annulment figure with the Clerk at (937) 547-7335. A fee waiver is available via the Financial Disclosure / Fee Waiver Affidavit (Rule 1(E)). Court fees and deposits change — confirm the current amount with the Darke County Clerk of Courts at (937) 547-7335 (Domestic Relations) or the Probate/Juvenile Court at (937) 547-7350 before filing.

Forms & Filing Packets

File for annulment in the Domestic Relations Division — $300 DR deposit (confirm with the Clerk)

Prepare an annulment complaint on a statutory ground (R.C. 3105.31) with the yellow Questionnaire and the financial affidavit (add the parenting affidavits if there are children). The court decides whether a ground is proven and declares the marriage void or voidable.

  • Complaint for Annulment (R.C. 3105.31) — Opens an annulment case asking the Domestic Relations Division to declare the marriage void or voidable on a statutory ground (underage, bigamy, fraud, duress, or incapacity). Usually attorney-drafted; file the financial and (with children) parenting affidavits with it.
  • Domestic Relations Questionnaire (the "yellow form") — A personal-history Questionnaire printed on yellow paper that Darke County requires with every divorce, dissolution, or legal-separation complaint (DR Local Rule 7(A)). The Clerk will not accept the complaint without it. Tip: Obtain and complete the yellow Questionnaire before you go to file — the Clerk rejects packets that are missing it.
  • Affidavit of Income, Expenses, and Financial Disclosures (Darke County) — Lists your income, expenses, and basic financial information so the court can address support and temporary orders. Each party files their own; it must be notarized.

How to File Annulment in Darke County

  1. Confirm a statutory ground applies. Annulment requires a recognized ground under R.C. 3105.31 — underage, bigamy, fraud, duress, or incapacity.
  2. Prepare the pleading set. Complete the annulment complaint, the yellow Questionnaire, and the financial affidavit (add the parenting affidavits if there are children).
  3. File with the Clerk. File in the Domestic Relations Division; the DR deposit is $300 (confirm at (937) 547-7335) or file a fee-waiver affidavit.
  4. Serve your spouse. Arrange service; service by posting is available for an indigent plaintiff with an unknown-residence spouse.
  5. Attend the hearing. The court decides whether a statutory ground is proven and, if so, declares the marriage void or voidable.

Darke County Practice Notes

  • Grounds are narrow and statutory. Annulment grounds under R.C. 3105.31 are limited — underage marriage, an existing prior marriage (bigamy), fraud, duress, or mental incapacity. An annulment is not available simply because a marriage was short.
  • An annulment voids the marriage; a divorce ends a valid one. An annulment declares the marriage void or voidable from the start, as though it never validly existed; a divorce or dissolution ends a marriage that was valid. An annulment is not a faster path than divorce.
  • Same pleading set, including the yellow form. An annulment uses the divorce pleading set, including the yellow-paper Questionnaire the Clerk requires; service by posting is available for an indigent plaintiff with an unknown-residence spouse (Rule 3(C)).

Frequently Asked Questions

What are the grounds for annulment in Darke County?
An annulment under R.C. 3105.31 declares a marriage void or voidable from the start. The recognized grounds are that a party was underage, an existing prior marriage (bigamy), fraud, duress, or mental incapacity. An annulment treats the marriage as if it never validly existed — it is not available simply because the marriage was short, and it is filed in the Domestic Relations Division of the Court of Common Pleas.
Does legal separation end my marriage in Darke County?
No. With a legal separation (R.C. 3105.17) you remain legally married, but the court can still divide property, order support, and set parenting terms. It is filed in the Domestic Relations Division using the same pleading set as a divorce, including the yellow Questionnaire. Some couples choose it for religious, insurance, or personal reasons.
What is the "yellow form" in Darke County?
It is a personal-history Questionnaire printed on yellow paper that Darke County requires with every divorce, dissolution, or legal-separation complaint (DR Local Rule 7(A)). You obtain it from the Clerk of Courts, and the Clerk will not accept the complaint without it.
How much does it cost to file a family-law case in Darke County?
The Domestic Relations deposit is $300 for a divorce, dissolution, legal separation, annulment, or registration of a foreign order. In the Probate/Juvenile Court, a new private custody, parenting-time, or companionship filing is $175 ($150 to reopen an established case). Post-decree DR motion deposits vary — call the Clerk at (937) 547-7335. A fee waiver is available via a Financial Disclosure / Fee Waiver Affidavit.
Does Darke County have a separate divorce (Domestic Relations) court?
No. Divorce, dissolution, legal separation, annulment, and domestic violence protection orders are heard by the Domestic Relations Division of the Court of Common Pleas before Judge Travis L. Fliehman, with filings at the Darke County Clerk of Courts, 504 South Broadway, Greenville, (937) 547-7335. Never-married parentage, custody, parenting time, support, and non-parent custody are heard in the Probate/Juvenile Court before Judge Jason R. Aslinger, 300 Garst Ave, Greenville, (937) 547-7350.

Free Local Resources in Darke County

  • Darke County Clerk of Courts (Domestic Relations). Current filing fees, deposits, and case filing for divorce, dissolution, legal separation, annulment, and post-decree matters. File at the Darke County Courthouse, Second Floor, 504 South Broadway, Greenville; Clerk Cindy Pike, (937) 547-7335. The yellow Questionnaire is required with every DR complaint. Local court rules are at https://darkecountycommonpleas.com/wp-content/uploads/2026/02/Local-Rules-effective-February-1-2026.pdf and downloadable DR forms are at https://darkecountycommonpleas.com/court-forms/.
  • Darke County Probate/Juvenile Court. Handles never-married-parent parentage, custody, parenting time, and support, plus non-parent custody, abuse/neglect/dependency, and adoption. 300 Garst Ave, Greenville; Juvenile (937) 547-7350, Probate (937) 547-7345; Judge Jason R. Aslinger presides. Self-help forms and the Pro-Se Filing Packet are at https://www.darkeprobatejuvenile.org/juvForms.php.
  • Darke County Child Support Enforcement Agency (CSEA). Opens IV-D cases, sets support under Ohio's guidelines, collects by income withholding, pays through the state, and can review or enforce existing orders. 631 Wagner Ave, Greenville; (937) 548-4132 option 4 or (800) 501-5635.
  • Darke County Children Services (report child abuse). To report suspected child abuse or neglect, call Darke County JFS Child Protective Services at (937) 548-4132 Option 5; after hours (937) 548-2020; statewide hotline 1-855-642-4453. In an emergency, call 911.
  • Parenting seminar — "Helping Children Succeed After Divorce" (OSU Extension). The court-approved parenting seminar required in DR cases with minor children (DR Local Rule 7(G)); about $45 per person. Register at https://scponline.osu.edu/.
  • Ohio Child Support Calculator. Run the official Ohio 2024 Income Shares child-support worksheet at https://ohiochildsupportcalculator.ohio.gov/ before any case that sets or changes support.

Other Family-Law Topics in Darke County

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.

Related guides

In-depth, attorney-written guides on annulment and related Ohio family law topics.

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Call (844) 694-2885 or email support@gavvl.com.