Annulment in Wayne County

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026

Wayne County, Ohio · Wooster

An annulment is a court order saying a marriage was never legally valid — different from a divorce, which ends a valid marriage. Ohio allows annulment only on specific grounds (R.C. 3105.31), such as bigamy, being underage without consent, fraud, or inability to consent. Annulments are filed at the Wayne County Domestic Relations Division and are far less common than divorce or dissolution.

Can I get an annulment in Wayne County, Ohio?

Annulment is only available on the specific grounds in R.C. 3105.31: one spouse was already married (bigamy); a spouse was under the legal age without proper consent; a spouse lacked the mental capacity to consent; consent was obtained by fraud; consent was obtained by force; or the marriage was never consummated. Most grounds have a time limit and must be raised promptly. You file at the Wayne County Court of Common Pleas, Domestic Relations Division, 107 W. Liberty Street, Wooster, using the local New Case Designation (Form 49), a complaint stating the grounds, and financial affidavits. The annulment filing fee is not separately listed on the Clerk's posted schedule — confirm the current amount with the Clerk at (330) 287-5590.

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: Wayne County Court of Common Pleas, General & Domestic Relations Divisions

107 W. Liberty Street, Wooster, OH 44691
Phone: (330) 287-5590
Hours: Monday–Friday, 8:00 AM–4:30 PM
Website: www.waynecourtofcommonpleas.org
e-Filing: https://www.wayneclerkofcourts.org

Juvenile Branch (Never-Married Parents)

Wayne County Probate and Juvenile Court
107 W. Liberty Street, 2nd Floor, Wooster, OH 44691
Phone: (330) 287-5561
Hours: Monday–Friday, 8:00 AM–4:30 PM

Annulment is the right path if…

Your marriage may be legally invalid under one of Ohio's specific grounds.
There was bigamy, fraud, force, underage marriage, or inability to consent.
You want a court order declaring the marriage was never valid.
You are acting within the time limit that applies to your ground.
Divorce or dissolution does not fit your situation.

If your marriage was valid, divorce or dissolution is the right path, not annulment. See divorce in Wayne County.

Filing Fees

Filed at the Domestic Relations Division · The annulment fee is not separately listed on the Clerk's schedule — confirm with the Clerk at (330) 287-5590 · Fee waiver via Form 47 + Form 38 · Available only on R.C. 3105.31 grounds · Most grounds carry a time limit

Forms & Filing Packets

Annulment complaint

Open the case with the local cover sheet, a complaint stating the R.C. 3105.31 ground, and financial affidavits.

New Case Designation Form (Wayne Form 49) — Required local cover sheet that opens every new Wayne DR case. File it on top of your pleading packet. Tip: The file is hosted under its legacy name ("Form 46") — that is the correct, current Form 49.
Complaint for Divorce Without Children (Ohio SC Form 6) — Opens your divorce case and tells the court what you're asking for. Use when you and your spouse have no minor children together.
Affidavit of Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own. Must be notarized.
Affidavit of Property (Ohio SC Affidavit 2) — Lists every asset and debt. Required at filing.
Request for Service (Ohio SC Form 31) — Tells the Clerk how to serve the other party (certified mail, sheriff, or process server).

Annulment with children

If there are children of the relationship, the court still addresses parentage, custody, and support.

New Case Designation Form (Wayne Form 49) — Required local cover sheet that opens every new Wayne DR case. File it on top of your pleading packet. Tip: The file is hosted under its legacy name ("Form 46") — that is the correct, current Form 49.
Complaint for Divorce With Children (Ohio SC Form 7) — The divorce Complaint used when you and your spouse have minor children together. Pleads custody, parenting time, and child-support allegations.
Affidavit of Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own. Must be notarized.
Parenting Proceeding / UCCJEA Affidavit (Ohio SC Affidavit 3) — Required in any case with minor children. Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court sets or changes support.
Application for Child Support Services (JFS 07076, Wayne Form 33) — Opens a IV-D case with the Wayne County CSEA so support is collected by wage withholding.

Can't afford the deposit

File these together if you cannot advance the Clerk's deposit.

Motion to Proceed Without Advancing a Filing Fee Deposit (Wayne Form 47) — File this with the Indigency Affidavit (Form 38) if you cannot advance the cost deposit.
Indigency Affidavit (Wayne Form 38) — Sworn financial affidavit that supports a fee-waiver request. Filed with Form 47. Tip: Two versions are published; confirm the current operative version with the Clerk if unsure.

How to File Annulment in Wayne County

Confirm a valid ground. Check that your situation fits one of the R.C. 3105.31 grounds — bigamy, underage, lack of capacity, fraud, force, or non-consummation.
Act promptly. Most grounds carry a time limit, so file as soon as you learn the facts and avoid continuing to live as spouses.
Prepare the complaint. File the New Case Designation (Form 49) with a complaint stating the ground and financial affidavits at the Domestic Relations Division.
Confirm the fee and file. Because the annulment fee isn't separately posted, confirm the deposit with the Clerk, then file or request a waiver with Form 47 and Form 38.
Address children if any. If there are children, the court still decides parentage, custody, and support.

Wayne County Practice Notes

Limited, specific grounds. Ohio allows annulment only under R.C. 3105.31 — bigamy, underage without consent, lack of mental capacity, fraud, force, or non-consummation. If none of these apply, the marriage is valid and a divorce or dissolution is the correct path.
Act within the time limit. Most annulment grounds must be raised promptly and within a statutory time limit (and some require that the spouses stopped living together after learning the facts). Waiting too long, or continuing to live as spouses, can waive the ground.
Children are still protected. Even if a marriage is annulled, the court still addresses parentage, custody, and child support for any children of the relationship — those rights do not disappear because the marriage was declared invalid.

Frequently Asked Questions

What are the grounds for annulment in Wayne County?: Ohio allows annulment only under R.C. 3105.31: a spouse was already married (bigamy); a spouse was underage without proper consent; a spouse lacked the mental capacity to consent; consent was obtained by fraud; consent was obtained by force; or the marriage was never consummated. Most grounds carry a time limit.
How is an annulment different from a divorce in Wayne County?: An annulment is a court order declaring the marriage was never legally valid, available only on the specific R.C. 3105.31 grounds. A divorce ends a valid marriage. If your marriage was valid, divorce or dissolution is the correct path, not annulment.
What happens to children if a marriage is annulled in Wayne County?: Even if the marriage is annulled, the court still addresses parentage, custody, and child support for any children of the relationship. Those rights are not lost because the marriage was declared invalid.
Where do I file for divorce in Wayne County?: At the Wayne County Court of Common Pleas, General & Domestic Relations Divisions, 107 W. Liberty Street, Wooster, OH 44691. The Clerk of Courts can be reached at (330) 287-5590. Every new case starts with the local New Case Designation (Form 49) on top of the standard Ohio complaint.
How much does it cost to file for divorce in Wayne County?: The Clerk's deposit for a divorce is $446 (a divorce by publication is variable — contact the Clerk for instructions). A counterclaim is $150. If you cannot advance the deposit, file the Motion to Proceed Without Advancing a Filing Fee Deposit (Form 47) with the Indigency Affidavit (Form 38). Confirm current amounts with the Clerk at (330) 287-5590.

Free Local Resources in Wayne County

Wayne County Clerk of Courts. Posts current filing fees and DR forms, and processes filings. Court Costs & Fees schedule at wayneclerkofcourts.org. Call (330) 287-5590 to confirm deposits and packet requirements before filing.
Wayne County Domestic Relations Division. Publishes the numbered DR forms (1–53) and required-document packets at waynecourtofcommonpleas.org/resources/domestic-relations-templates. The DR scheduler, Tina Porter, can be reached at 330-287-5547.
Wayne County Probate and Juvenile Court. Handles parentage, custody, parenting time, and support for never-married parents, plus non-parent custody. Forms at wayneprobateandjuvenile.org; phone 330-287-5561. A juvenile help desk meets the 1st and 3rd Friday.
Counseling Center of Wayne and Holmes Counties — Parenting Seminar. Provides the court-ordered Helping Children Succeed seminar and the Kids First program (ages 8–12) at 2285 Benden Drive, Wooster. $35 per parent, prepaid; register at least 2 business days ahead at ccwhc.org/services or (330) 264-9029.
Wayne County Child Support Enforcement Agency (CSEA). Opens IV-D support cases, runs wage withholding, distributes payments, and enforces orders (2% processing fee). File the IV-D Application (JFS 07076) to establish or modify support.

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.

Keep exploring

Ohio Annulment guide — Statewide overview of annulment in Ohio.
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