Filing for Annulment in Montgomery County

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

File a Complaint for Annulment with the Montgomery County DR Court at 301 West Third Street, Dayton, using the Ohio Legal Help annulment assistant. The deposit is about $300 plus surcharges. You must prove a statutory ground under R.C. 3105.31 — such as bigamy, fraud, underage marriage without consent, or mental incapacity — and most grounds have short time limits. If you don't qualify, a divorce or dissolution is the right path.

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

Juvenile Branch (Never-Married Parents)

Montgomery County Juvenile Court
380 West Second Street, Dayton, OH 45422, Dayton, OH 45422
Phone: (937) 496-7908
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m.

Annulment is the right path if…

• Your marriage qualifies under an R.C. 3105.31 ground (bigamy, fraud, underage, incapacity, or never consummated).
• You're acting within the time limit that applies to your ground.
• You want the marriage declared void rather than ended by divorce.
• You or your spouse meet Ohio residency.

If you don't have a statutory ground for annulment, a divorce or dissolution is the right path. See divorce and dissolution options.

Filing Fees

~$300 deposit plus Mont. D.R. Rule 2 surcharges · annulment is granted only on a statutory R.C. 3105.31 ground

Forms & Filing Packets

How to File Annulment in Montgomery County

1. Confirm you have a statutory ground. Annulment requires an R.C. 3105.31 ground such as bigamy, fraud, underage marriage, or incapacity — and most have short time limits.
2. Prepare the Complaint for Annulment. Use the Montgomery County annulment assistant at mcdrc.ohiolegalhelp.org and add the Affidavit of Financial Disclosure.
3. Address children if applicable. If there are children, include the Parenting Proceeding Affidavit and child-support worksheet — parentage and support still apply.
4. File at the DR Court. Self-represented parties review through the Compliance Office; pay the ~$300 deposit at the Clerk, 41 N. Perry Street.

Montgomery County Practice Notes

• Annulment grounds are narrow. Ohio annulments require a specific R.C. 3105.31 ground — bigamy, underage marriage without consent, fraud, force, mental incapacity, or a marriage never consummated. Most grounds carry short deadlines. If none applies, file for divorce or dissolution.
• Children are still protected. Children born during a voided marriage remain the legal children of both parents. Parentage, custody, and support are still addressed even though the marriage is annulled.
• 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 Montgomery 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 Montgomery County resident for at least 90 days. For dissolution, only the 6-month Ohio residency applies — there is no separate Montgomery County residency requirement. For Juvenile Court cases (paternity, never-married custody, child support), Ohio must be the children's 'home state' under the UCCJEA, generally meaning they have lived in Ohio for the last 6 months.

How much does it cost to file in Montgomery County?

Domestic Relations deposits: divorce $375 without children / $475 with children; dissolution $300 without children / $400 with children; legal separation $300 / $400; annulment $300. Post-decree motions are $200 and service by publication is $200. There is no filing fee for a DV/CPO. Court surcharges (Technology $20, E-Filing/Storage $35, Parent Education $10, and others) are added per Mont. D.R. Rule 2, and a 3% convenience fee applies to card and e-filing payments. Confirm current amounts with the Clerk of Courts at 41 N. Perry Street.

How do self-represented parties file in Montgomery County DR Court?

Self-represented parties cannot e-file. Start at the Court Navigator's Office (Room 222, 2nd Floor) for help, then submit your completed forms to the Compliance Office (Room 261, 2nd Floor of 301 W. Third Street), (937) 225-4782. The Compliance Office reviews every self-represented filing and every decree with support provisions — corrections must be made in white-out and blue ink (no cross-outs). After approval you complete a Primary Party Questionnaire at the kiosk and file with the Clerk at 41 N. Perry Street.

Free Local Resources in Montgomery County

• Montgomery County DR Court — Ohio Legal Help Self-Help Portal. Free step-by-step interviews and fillable forms for Montgomery County divorce, dissolution, legal separation, annulment, custody, support, and protection-order cases at mcdrc.ohiolegalhelp.org.
• Montgomery County DR Court Navigator & Legal Clinic. The Court Navigator (Room 222, (937) 496-7766) and the free virtual Legal Clinic with the Greater Dayton Volunteer Lawyers Project (2nd Tuesday and 3rd Thursday monthly) help self-represented parties understand procedures and complete forms.
• Montgomery County Juvenile Court Citizen Services. Free pro se assistance for custody, parenting time, child support, paternity, contempt, and grandparent filings at (937) 224-3977, citizen.services@mcjcohio.org — walk-in Monday/Tuesday, by appointment Wednesday–Friday.
• Montgomery County CSEA. The county IV-D child-support agency at (937) 225-4600, 1111 S. Edwin C. Moses Blvd., opens cases, runs wage withholding, distributes payments, and enforces orders.

Other Family-Law Topics in Montgomery County

• Montgomery County Divorce — Full filing guide for contested divorce in Montgomery DR.
• Montgomery County Dissolution — Both-parties-agree route — faster and cheaper than divorce.
• Montgomery County Custody — Married parents file inside divorce; never-married parents file at the Juvenile Court.

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.