Filing for Annulment in Defiance County

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

File a Complaint for Annulment at the Defiance County Court of Common Pleas, 221 Clinton Street, Third Floor, Defiance, OH 43512. Defiance does not publish a separate annulment form — use Ohio Supreme Court Form 4 (no children) or 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 Affidavit 1 (Financial) and Affidavit 2 (Property). The filing fee is $325 without children and $400 with children.

Where to File: Defiance County Court of Common Pleas (General & Domestic Relations Division)

Juvenile Branch (Never-Married Parents)

Defiance County Probate and Juvenile Court
221 Clinton Street, Second Floor, Defiance, OH 43512, Defiance, OH 43512
Phone: (419) 782-4181
Hours: Monday-Friday 8:30 AM - 4:30 PM (closed for lunch 12:00-1:00 PM, no electronic filings)

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 Defiance County divorce.

Filing Fees

$325 without children · $400 with children · Five R.C. 3105.31 grounds only · Strict timing limits apply to some grounds

Forms & Filing Packets

How to File Annulment in Defiance County

1. 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.
2. 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.
3. Draft the complaint. Use Ohio SC Form 4 (no children) or Form 5 (with children) and change the caption to "Annulment." Plead the specific R.C. 3105.31 ground and the supporting facts.
4. File at 221 Clinton Street, Third Floor, Defiance. Include Affidavit 1 (Financial) and Affidavit 2 (Property). Pay the $325 / $400 filing fee.
5. Plan for children even if annulled. If children were born during the alleged marriage, file Affidavit 3 (UCCJEA), Affidavit 4 (Health Insurance), the child support worksheet, and a proposed parenting plan — the court still has to resolve those issues.

Defiance 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.
• Confirm with the Clerk. Defiance's published guidance directs filers to contact the Clerk at (419) 782-1936 for annulment forms. Confirm any case-specific requirements before filing.

Frequently Asked Questions

What are the residency requirements to file in Defiance County?

For divorce, legal separation, or annulment, you or your spouse must have lived in Ohio for at least 6 months and in Defiance County for at least 90 days before filing. Dissolution only requires the 6-month Ohio residency.

How much does it cost to file in Defiance County DR?

Dissolution and divorce are both $325 without children and $400 with children — a consistent $75 gap. Post-decree motions are $280. A motion with a consent judgment is $50. Service by publication is $500. Service by a foreign-county Sheriff is $25. Appeals are $150. CPO petitions have no filing fee.

Who hears Defiance County DR and Juvenile cases?

Hon. Joseph N. Schmenk is the Common Pleas Judge (DR Division). Hon. Jeffrey A. Strausbaugh is the Probate and Juvenile Judge. Unusually, Magistrate Carson L. Slade serves BOTH divisions — providing rare continuity for families whose case moves between DR and Juvenile.

When do I file in Defiance County Juvenile Court instead of DR?

If the parents were never married, custody, parenting time, and child support are filed in the Defiance County Juvenile Court at 221 Clinton Street, Second Floor — (419) 782-4181. Judge Jeffrey A. Strausbaugh presides; Magistrate Carson L. Slade hears matters. All filings must be made in person or by mail (no electronic filings). If you were married, those issues travel with the divorce, dissolution, legal separation, or annulment in DR.

Free Local Resources in Defiance County

• Defiance County Common Pleas Court. 221 Clinton Street, Third Floor, Defiance, OH 43512. Phone (419) 782-5931. Clerk (419) 782-1936. Court Administrator Alyson M. Hageman.
• Four-County Local Rules (Defiance/Fulton/Henry/Williams). defiance-county.com — uniform local rules covering all four Northwest Ohio counties.
• Defiance County Probate and Juvenile Court. 221 Clinton Street, Second Floor — (419) 782-4181. Judge Jeffrey A. Strausbaugh. Magistrate Carson L. Slade. Email probatecourt@defiancecounty.oh.gov.
• Defiance County Juvenile Probation Department. 1300 East Second Street, Suite 203, Defiance, OH 43512. Phone (419) 782-0226. Hours M-F 8:00 AM - 4:30 PM.
• Ohio Supreme Court Standardized Forms. supremecourt.ohio.gov — Defiance County uses Ohio SC standardized DR and Juvenile forms for all filings.
• Defiance County Child Support Enforcement Agency. Handles paternity, support establishment, modification, and enforcement.
• Legal Aid of Western Ohio. Serves Defiance County. Phone 1-888-534-1432.
• Ohio Child Support Calculator. ohiochildsupportcalculator.ohio.gov — run the worksheet and print it for filing.
• Ohio Legal Help. ohiolegalhelp.org — plain-language guides and interactive court forms.

Other Family-Law Topics in Defiance County

• Defiance County Dissolution — Joint petition — $325 without children, $400 with children. Final hearing 30-90 days after filing.
• Defiance County Divorce — Ohio SC standardized forms. $325 without children, $400 with children. 42-day waiting period after service.
• Defiance County Legal Separation — Same process as divorce — marriage stays legally intact. Contact Clerk to confirm forms.
• Defiance County Annulment — Limited R.C. 3105.31 grounds. Contact Clerk for forms.
• Defiance County Post-Decree Modifications — Forms 26/27/28. $280 per motion ($50 with consent judgment).
• Defiance County Post-Decree Contempt — Forms 24/25 to enforce an existing order. $280 per motion.

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.

Keep exploring

• Ohio Annulment guide — Statewide overview of annulment in Ohio.
• Dayton family law — Local attorneys and courts serving the Dayton metro.
• Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
• Payment plans & financing — Flat fees with Gavvl Direct, Affirm, Klarna, or PayPal Pay Later.