Filing for Annulment in Erie County

Erie County, Ohio · Sandusky

An annulment treats the marriage as if it never happened. Ohio courts grant annulments only on the limited grounds in R.C. 3105.31. Erie County annulment cases are filed at the General Division at 323 Columbus Avenue, 2nd Floor, Sandusky, and follow the same complaint-and-service process as divorce. Erie does not publish a separate annulment form — use Ohio SC Form 4 (no children) or Form 5 (with children) with the caption changed to "Annulment" and the body pleading one of the five R.C. 3105.31 grounds.

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

File a Complaint for Annulment at the Clerk of Courts on the 1st Floor, 323 Columbus Avenue, Sandusky. Use Ohio SC Form 4 (no children) or Form 5 (with children) and change the caption from "Divorce" 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 Erie's local Application/Instructions/Financial Disclosure Forms packet, the DR Judgment Entry of Injunctions, Affidavit 1, and Affidavit 2. Filing fee set by Clerk's Schedule of Costs.

Where to File: Erie County Court of Common Pleas — General Division (Domestic Relations)

323 Columbus Avenue, 2nd Floor, Sandusky, OH 44870, Sandusky, OH 44870
Phone: (419) 627-7732
Hours: Monday-Friday 8:00 AM - 4:00 PM
Website: www.eriecounty.oh.gov/DomesticRelations.aspx

Juvenile Branch (Never-Married Parents)

Erie County Juvenile Court
323 Columbus Avenue, 4th Floor, Sandusky, OH 44870, Sandusky, OH 44870
Phone: (419) 627-7782
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 Erie County divorce.

Filing Fees

Filing fee set by Clerk's Schedule of Costs · Five R.C. 3105.31 grounds only · Strict timing limits apply to some grounds

Forms & Filing Packets

Core annulment packet (no minor children)

Complaint for Annulment Without Children (Form 4 — relabel caption) — Erie does not publish a separate annulment form. Use Ohio SC Form 4 with the caption changed to "Annulment" and the body pleading one of the R.C. 3105.31 grounds.
Application, Instructions & Financial Disclosure Forms (Erie local packet) — Erie County's required intake/financial-disclosure packet — file at the same time as the Complaint or Petition.
DR Judgment Entry of Injunctions (Erie local) — Erie's mutual injunctive judgment entry — restrains both parties from harassment and from disposing of assets during the pendency of the case. Typically filed alongside the Complaint.
Financial Affidavit / Basic Information, Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own.
Affidavit of Property (Ohio SC Affidavit 2) — Lists every asset and debt. Required at filing.

Core annulment packet (with minor children)

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.

Complaint for Annulment With Children (Form 5 — relabel caption) — Use Form 5 with the caption changed to "Annulment" when minor children were born during the alleged marriage.
Application, Instructions & Financial Disclosure Forms (Erie local packet) — Erie County's required intake/financial-disclosure packet — file at the same time as the Complaint or Petition.
DR Judgment Entry of Injunctions (Erie local) — Erie's mutual injunctive judgment entry — restrains both parties from harassment and from disposing of assets during the pendency of the case. Typically filed alongside the Complaint.
Financial Affidavit / Basic Information, Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own.
Affidavit of Property (Ohio SC Affidavit 2) — Lists every asset and debt. Required at filing.
Parenting Proceeding Affidavit / UCCJEA (Ohio SC Affidavit 3) — Required in any DR case with minor children. Lists where each child has lived for the last 5 years.
Health Insurance Affidavit (Ohio SC 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.
Parenting Plan (Ohio SC Form 21) — Used when one parent will be designated residential parent and legal custodian.

Fee waiver add-on

Affidavit of Indigency for Court Costs (Erie local) — Use to request waiver of the filing fee deposit if you cannot afford it. Erie's local form — use this rather than the Ohio SC version.

How to File Annulment in Erie 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." Plead the specific R.C. 3105.31 ground and the supporting facts.
Add Erie's locals. Application/Instructions/Financial Disclosure Forms packet, DR Judgment Entry of Injunctions, Affidavit 1, Affidavit 2 — and with children, Affidavit 3, Affidavit 4, the child support worksheet, and a parenting plan.
File at the Clerk on the 1st Floor, 323 Columbus Avenue, Sandusky. Pay the cost deposit (or file an Affidavit of Indigency). Schedule through DR Commissioner Amanda Tubbs at (419) 627-7777.

Erie 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.
Use Erie's locals. The Application/Instructions/Financial Disclosure Forms packet and DR Judgment Entry of Injunctions are required the same way as in a divorce.

Frequently Asked Questions

What are the residency requirements to file in Erie County?: For divorce, legal separation, or annulment, you or your spouse must have lived in Ohio for at least 6 months and in Erie County for at least 90 days before filing. Dissolution only requires the 6-month Ohio residency.
How much does it cost to file in Erie County DR?: Erie County publishes its DR filing fees through the Clerk's Schedule of Costs rather than as a flat-rate fee table. Call the Clerk of Courts at (419) 627-7732 (or DR Assignment Commissioner Amanda Tubbs at (419) 627-7777) for the current cost deposit. An Affidavit of Indigency (Erie local form) is available if you cannot afford the fee. Court costs can be paid online through PayGov.
Does Erie County have a dedicated Domestic Relations Court?: No. Erie County hears DR cases through its General Division judges — Hon. Judge Binette presides — rather than through a separate DR division. All DR scheduling and coordination runs through Domestic Relations Assignment Commissioner Amanda Tubbs at (419) 627-7777. For any scheduling question, call Amanda Tubbs directly rather than the general Clerk line.
What Erie-specific forms do I need to file with my case?: Erie publishes several local forms that must be filed alongside the Ohio SC standardized forms: the Application/Instructions/Financial Disclosure Forms packet (form_2_03.pdf), the Affidavit of Indigency for Court Costs (form_1_02.pdf, if you need a fee waiver), the DR Judgment Entry of Injunctions (typically filed with the Complaint), and the Waiver of Legal Counsel (if you are unrepresented). Erie also has its own Notice of Voluntary Dismissal form for withdrawing a pending case.
When do I file in Erie County Juvenile Court instead of General Division?: If the parents were never married, custody, parenting time, child support, and paternity are filed in Erie County Juvenile Court (4th Floor of the same Courthouse) in front of Hon. Robert C. DeLamatre. If you were married, those issues travel with the divorce, dissolution, legal separation, or annulment in the General Division (2nd Floor).

Free Local Resources in Erie County

Erie County DR Division. 323 Columbus Avenue, 2nd Floor, Sandusky, OH 44870. Phone (419) 627-7732. Toll-free 1 (888) 399-6065. Hon. Judge Binette presides (General Division).
DR Assignment Commissioner — Amanda Tubbs. Direct line (419) 627-7777. Handles all DR scheduling and coordination.
Erie County Clerk of Courts. 323 Columbus Avenue, 1st Floor, Sandusky, OH 44870. Phone (419) 627-7732.
Erie County DR Forms Hub. eriecounty.oh.gov/FormsforDomesticRelations.aspx — local Application/Instructions packet, Affidavit of Indigency, DR Injunctions JE, Voluntary Dismissal, and more.
Erie County DR Local Rules (PDF, 2025). eriecounty.oh.gov/Downloads/DR_RULES20253.pdf — current as of 2025.
PayGov — Pay Court Costs Online. pay.paygov.us — civil, criminal, and domestic case court costs.
Public Case Search. clerkofcourts.eriecounty.oh.gov/eservices/home.page.2 — public docket search.
Erie County Juvenile Court. 323 Columbus Avenue, 4th Floor, Sandusky. Phone (419) 627-7782. Hon. Robert C. DeLamatre.
Erie County Juvenile Justice Center. 1338 Tiffin Avenue, Sandusky — 24-hour Juvenile Detention + Northern Ohio Juvenile Community Corrections.
Juvenile Probation / Mediation / Diversion. 221 West Parish Street, Sandusky. Monday-Friday 8:00 AM - 4:00 PM.
Legal Aid Line of Western Ohio. 1-888-534-1432 · legalaidline.org — free civil legal help.
Erie County Bar Association. Phone (419) 627-2009 — lawyer referral.
Erie County Public Defender. Phone (419) 627-6620.
Safe Harbour. Domestic violence assistance — contact Erie County Prosecutor's Office for connection.
Ohio Supreme Court Standardized Forms. supremecourt.ohio.gov — Erie DR uses Ohio SC standardized forms alongside Erie locals.
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.

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.
Cleveland family law — Local attorneys and courts serving the Cleveland metro.
Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
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