Montgomery County Annulment Attorneys

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 4, 2026

Montgomery County, Ohio · Dayton

An annulment treats a marriage as if it never legally existed, available only on specific R.C. 3105.31 grounds such as bigamy, fraud, underage marriage, or incapacity. In Montgomery County, you file at the DR Court at 301 West Third Street with a $300 deposit. Annulment is rare and fact-specific — most ending marriages are resolved by divorce or dissolution.

Hire Gavvl for your Montgomery County annulment case

Flat-fee and full-representation options: we handle the filings, the Montgomery County local forms, the court strategy, and the hearings — and you know the price before we start.

Start with a $25 consultation and talk through your options with an Ohio family-law attorney before you commit to anything. Get started online or see payment plans & financing.

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.

Put Gavvl Law on your Montgomery County annulment

An annulment treats a marriage as if it never legally existed, and Ohio grants one only on a narrow R.C. 3105.31 ground — bigamy, fraud, force, underage marriage without consent, mental incapacity, or a marriage never consummated — most of which carry short deadlines. In Montgomery County you file a Complaint for Annulment at the DR Court on West Third Street with a $300 deposit. Gavvl Law tests whether you actually qualify and builds the case, on a flat fee approved before we start.

Proving a statutory ground in time. Annulment is fact-specific and rare: without a qualifying R.C. 3105.31 ground the court cannot void the marriage, and several grounds must be raised within tight time limits. We evaluate your facts against the statute first so you do not spend a filing on a case that has to be re-filed as a divorce.
Children stay protected either way. Children born during a voided marriage remain the legal children of both parents, so parentage, custody, and support still have to be addressed. When children are involved we add the Parenting Proceeding Affidavit and the Ohio Income Shares worksheet so their support is settled even as the marriage is undone.
A clear-eyed fallback to divorce. Most marriages that are ending do not meet an annulment ground and are better resolved by divorce or dissolution. If your facts do not fit R.C. 3105.31, we say so up front and redirect you to the right path rather than filing a case designed to fail.

An annulment runs a $300 deposit plus the Mont. D.R. Rule 2 surcharges at the Clerk on North Perry Street, and a self-represented complaint is reviewed by the Compliance Office (Room 261, 2nd Floor) before filing. We prepare the Complaint for Annulment and Affidavit of Financial Disclosure so the narrow, deadline-driven case is filed correctly the first time.

Flat-fee options

Flat-fee limited scope: we draft and file your complaint for annulment to have the marriage declared void. You appear at any hearings yourself.

Complaint for annulment: $1,750

Prefer full representation? An Ohio attorney can carry the entire case on a $3,500 retainer.

Split any flat fee with Gavvl Direct — our in-house plan at 19% APR, $500 minimum — on a 60%-down schedule of 18 weekly, 8 bi-weekly, or 4 monthly payments, or full financing where work begins once 60% is paid. Affirm, Klarna, and PayPal Pay Later are also available through LawPay.

Start your annulment case or see payment plans & financing.

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

Path	Ends the marriage?	Agreement required?	Best when
Dissolution	Yes	Yes — on every term before filing	Both spouses agree on everything and want the fastest, lowest-cost path
Divorce (contested)	Yes	No	Spouses disagree on property, support, or parenting and need a judge to decide
Divorce (uncontested / default)	Yes	No	One spouse will not respond or cannot be located
Legal separation	No — you stay married	Optional	You need court orders but must stay married (religion, insurance, or benefits)
Annulment	Treated as never valid	No	The marriage was never legally valid (fraud, bigamy, underage, or incapacity)

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

301 West Third Street, 2nd & 3rd Floor, Dayton, OH 45422
Phone: (937) 225-4063
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m. (closed for lunch 12:00–1:15 p.m.)
Website: Court website
e-Filing: Online e-filing portal

Juvenile Branch (Never-Married Parents)

Montgomery County Juvenile Court
380 West Second Street, 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

Annulment filing packet — ~$300 deposit plus surcharges

Complaint for Annulment (Ohio Legal Help assistant) — Montgomery County's guided interview to prepare a Complaint for Annulment under R.C. 3105.31. Identify your statutory ground.
Affidavit of Financial Disclosure (DR Appendix Form 1) — Lists income, assets, and debts so the court can resolve property issues if the marriage is annulled.

Annulment with minor children

If children were born during the marriage, parentage and support must be addressed even when the marriage is voided.

Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's jurisdiction over custody.
Ohio Child Support Computation Worksheet — Run the official Ohio 2024 Income Shares calculator, print, and sign. Required any time you're asking the court to set support.

How to File Annulment in Montgomery County

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.
Prepare the Complaint for Annulment. Use the Montgomery County annulment assistant at mcdrc.ohiolegalhelp.org and add the Affidavit of Financial Disclosure.
Address children if applicable. If there are children, include the Parenting Proceeding Affidavit and child-support worksheet — parentage and support still apply.
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 in the Montgomery County Domestic Relations Court.
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.

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.

Divorce vs. Dissolution in Ohio: Which Path Is Right for You? — Divorce and dissolution both end an Ohio marriage, but they work very differently. Dissolution is a no-fault, agreed process; divorce is a lawsuit for couples who can't agree. Here's how to choose.
How to File for Divorce in Ohio: A Step-by-Step Guide — Filing for divorce in Ohio follows a defined path: confirm residency, choose your grounds, file the complaint, serve your spouse, and work toward temporary orders and a final decree. Here is how each step works.

More Montgomery County family-law resources

Ohio Annulment guide — Statewide overview of annulment in Ohio.
Dayton family law — Local attorneys and courts serving the Dayton metro.
Montgomery County family law guide — Court info, local filing notes, FAQs, and the downloadable Montgomery County guide.
Meet Stephanie Green — Managing Partner & Co-Founder at Gavvl Law.
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Call (513) 643-1969 or email support@gavvl.com.