Filing for Annulment in Delaware County

How do I file for an annulment in Delaware County, Ohio?

File a complaint for annulment with the Delaware County DR Division at 117 N. Union Street, Level 400, Delaware, OH 43015, stating a statutory ground under R.C. 3105.31 — bigamy, an underage spouse, fraud, force, mental incompetence, or an unconsummated marriage. Attach the Affidavit of Basic Information (Affidavit 1) and Affidavit of Property and Debt (Affidavit 2), plus the parenting affidavits if children are involved; download the case forms from the DR Division forms page. Annulment follows the divorce filing requirements (Local Rule 2.02(A)), so the mutual restraining order takes effect on filing, and Ohio's 6-month / Delaware County 90-day residency applies. Annulments are time-sensitive — most grounds must be raised promptly.

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

Juvenile Branch (Never-Married Parents)

Delaware County Juvenile Court
145 N. Union Street, Delaware, OH 43015, Delaware, OH 43015
Phone: (740) 833-2600
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m.

Annulment is the right path if…

• Your marriage qualifies for a statutory annulment ground under R.C. 3105.31.
• The marriage was based on fraud, force, bigamy, incapacity, or an underage spouse.
• You are acting promptly — most grounds have short time limits.
• You or your spouse meet Ohio's 6-month and Delaware County's 90-day residency rules.

If your marriage was legally valid, a divorce or dissolution is the correct path. See divorce and dissolution options.

Filing Fees

Annulment follows divorce deposits at the Clerk of Courts · Fee Waiver Affidavit available (Local Rule 4.03)

Forms & Filing Packets

How to File Annulment in Delaware County

1. Confirm a statutory ground. Check your situation against the R.C. 3105.31 grounds — bigamy, underage, incapacity, fraud, force, or non-consummation — and act promptly.
2. Prepare the complaint and affidavits. Draft the annulment complaint stating the ground, with Affidavits 1 and 2; add the parenting affidavits if children are involved.
3. File with the DR Division. File at the Clerk of Courts, 117 N. Union Street, Level 300. The mutual restraining order takes effect on filing.
4. Attend the hearing. Be ready to prove the statutory ground; the court can address property, custody, and support if the annulment is granted.

Delaware County Practice Notes

• Statutory grounds are narrow and time-sensitive. R.C. 3105.31 lists the only annulment grounds — bigamy, underage marriage, mental incompetence, fraud, force, or an unconsummated marriage — and most must be raised within a short window. If no ground fits, a divorce or dissolution is the path.
• Automatic mutual restraining order applies. Because annulment follows the divorce filing requirements (Local Rule 2.02(A)), the automatic mutual restraining order under Local Rule 2.04 takes effect when you file.
• Best-interest standard governs. R.C. 3109.04(F)(1) lists 10+ factors: each parent's wishes, the child's wishes (when of sufficient age), the child's interaction with parents/siblings, adjustment to home/school/community, mental and physical health of all involved, the parent more likely to facilitate court-approved parenting time, child support compliance, criminal history, residence outside Ohio, and any history of abuse.

Frequently Asked Questions

What are the residency requirements to file in Delaware County?

For divorce, legal separation, or annulment, you or your spouse must have been an Ohio resident for at least 6 months immediately before filing, and a Delaware County resident for at least 90 days to set venue here. For a dissolution, only the 6-month Ohio residency applies — there is no separate Delaware County residency requirement.

How much does it cost to file in the Delaware County DR Court?

Clerk of Courts deposits are: divorce $385 without children / $485 with children; dissolution $355 without children / $455 with children; parentage complaint $200; post-decree reactivation $200. Counterclaims and amended complaints are $150 each. If you cannot afford the deposit, file the Fee Waiver Affidavit (Local Rule 4.03).

Does Delaware County issue an automatic restraining order when I file?

Yes. Under Local Rule 2.04, a mutual restraining order takes effect automatically upon the filing of a complaint for divorce, annulment, or legal separation. It restrains both spouses from six categories of conduct, including dissipating property, canceling insurance, incurring debt against the other, and removing the children's residence. A standalone dissolution does not trigger it.

How long does a Delaware County case usually take?

Dissolution: 30–90 days — Local Rule 7.03 sets the final hearing between 30 and 90 days after filing. Uncontested (default) divorce: roughly 4–6 months, with the uncontested final hearing held at least 42 days after service is completed (Local Rule 8.01). Contested divorce: 6–18 months depending on discovery, custody disputes, and trial scheduling.

Free Local Resources in Delaware County

• Delaware County DR Court Forms Page. Every Domestic Relations form, the case-type ZIP packets (divorce, dissolution, parentage, modification, CPO), and the filing checklists are posted free at domestic.co.delaware.oh.us/forms.
• Delaware County DR Virtual Resource Center. The DR Division's self-help hub links the general-information pages, FAQs, common-terms glossary, the For the Children parenting seminar, and the Co-Parenting Program at domestic.co.delaware.oh.us/virtual-resource-center.
• Delaware County eAccess / E-Services Portal. Self-represented and represented parties can e-file and check dockets at court.co.delaware.oh.us/eservices. Payment is processed through LexisNexis — confirm the amount before authorizing.

Other Family-Law Topics in Delaware County

• Delaware County Divorce — Contested and default divorce filing guide for the DR Division.
• Delaware County Dissolution — Both-parties-agree route — faster and cheaper than divorce.
• Delaware County Custody — Married parents file inside divorce; never-married parents file parentage in the DR Division.

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.
• Columbus family law — Local attorneys and courts serving the Columbus 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.