Ohio Revised Code

Ohio Rev. Code § 3105.31 (2026)

Causes for annulment

✓ current as of May 2026
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A marriage may be annulled for any of the following causes existing at the time of the marriage:

(A) That the party in whose behalf it is sought to have the marriage annulled was under the age at which persons may be joined in marriage as established by section 3101.01 of the Revised Code, unless after attaining such age such party cohabited with the other as husband or wife;

(B) That the former husband or wife of either party was living and the marriage with such former husband or wife was then and still is in force;

(C) That either party has been adjudicated to be mentally incompetent, unless such party after being restored to competency cohabited with the other as husband or wife;

(D) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, cohabited with the other as husband or wife;

(E) That the consent to the marriage of either party was obtained by force, unless such party afterwards cohabited with the other as husband or wife;

(F) That the marriage between the parties was never consummated although otherwise valid.

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1985–2025 · leading case: Nwankwo v. Uzodinma, 2022-Ohio-565, 185 N.E.3d 513.
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Nwankwo v. Uzodinma, 2022-Ohio-565, 185 N.E.3d 513. · cites it 7× “On March 4, 2021, the trial court found that Wife was entitled to an annulment of the parties' marriage under R.C. 3105.31(D) because Husband had engaged in fraud to obtain Wife's consent to the marriage.”
Lang v. Reetz-Lang, 488 N.E.2d 929 (Ohio Ct. App. 1985). · cites it 11× “In this cause, the court is presented with the issues of whether, under R.C. 3105.31(F) and 3105.32(F), a party seeking annulment must demonstrate fault on the part of the defendant, and whether promises contained in an antenuptial agreement, which agreement omits to provide…”
Patel v. Patel, 2014-Ohio-2150. · cites it 13× “13AP-976 6 {¶ 17} We first review the two statutes that govern annulment in Ohio, R.C. 3105.31 and 3105.32. Both statutes were enacted in 1963 and have not been revised or amended since.”
Carnes v. Carnes, 2015-Ohio-2925, 38 N.E.3d 1214. · cites it 2× “See R.C. 3105.31(B). {¶17} Thus, Molly met the first prong of the Civ.”
Nixon v. Day, 2019-Ohio-3335. · cites it 3× “{¶16} Ohio’s annulment statute, R.C. 3105.31, states in pertinent part: A marriage may be annulled for any of the following causes existing at the time of the marriage: *** (C) That either party has been adjudicated to be mentally incompetent, unless such party after being…”
Schaefer v. Mazii, 2019-Ohio-3808. “01(A), or (2) an annulment on the same grounds pursuant to R.C. 3105.31(B). Carnes at ¶ 16, citing Eggleston v.”
Thomas-Schafer v. Schafer, 677 N.E.2d 374 (Ohio Ct. App. 1996). · cites it 3× “R.C. 3105.31 set forth the grounds for annulment and provides that: “A marriage may be annulled for any of the following causes existing at the time of the marriage: “(B) That the former husband or wife of either party was living and the marriage with such former husband or wife…”
M.K. v. K.M., 2024-Ohio-5147. · cites it 5× “” R.C. 3105.31(D). Fraud consists of: an actual or implicit misrepresentation of material facts made with knowledge that the representation is false or with disregard for its truth or falsity with the intention of misleading the other party into relying upon it, and a reliance…”
Kochaniec v. Kochaniec, 2011-Ohio-5552. · cites it 8× “In 1963, however, the Ohio 4 Legislature enacted R.C. 3105.31, which sets forth the causes for annulment and provides, in part: {¶ 13} “A marriage may be annulled for any of the following causes existing at the time of the marriage: {¶ 14} “* * * {¶ 15} “(B) That the former…”
Tabbosha v. Abdelrehim, 2025-Ohio-3133. “; R.C. 3105.31 to 3105.34. {¶23} The Hamilton County Court of Common Pleas, Domestic Relations Division was established by R.”
Hilt v. Diedrich, 6 Ohio App. Unrep. 42 (Ohio Ct. App. 1990). “" The grounds for annulment as set forth in R.C. 3105.31 are: the party seeking the annulment was under the statutory age required to enter a marriage, a former legal marriage of either party is still in force, either party has been adjudicated mentally incompetent, consent of…”
Ohio Rev. Code § 3105.31(B): 3 cases
Carnes v. Carnes, 2015-Ohio-2925, 38 N.E.3d 1214. “See R.C. 3105.31(B). {¶17} Thus, Molly met the first prong of the Civ.”
Schaefer v. Mazii, 2019-Ohio-3808. “01(A), or (2) an annulment on the same grounds pursuant to R.C. 3105.31(B). Carnes at ¶ 16, citing Eggleston v.”
Kochaniec v. Kochaniec, 2011-Ohio-5552. “In 1963, however, the Ohio 4 Legislature enacted R.C. 3105.31, which sets forth the causes for annulment and provides, in part: {¶ 13} “A marriage may be annulled for any of the following causes existing at the time of the marriage: {¶ 14} “* * * {¶ 15} “(B) That the former…”
Ohio Rev. Code § 3105.31(D): 2 cases
Nwankwo v. Uzodinma, 2022-Ohio-565, 185 N.E.3d 513. “On March 4, 2021, the trial court found that Wife was entitled to an annulment of the parties' marriage under R.C. 3105.31(D) because Husband had engaged in fraud to obtain Wife's consent to the marriage.”
M.K. v. K.M., 2024-Ohio-5147. “” R.C. 3105.31(D). Fraud consists of: an actual or implicit misrepresentation of material facts made with knowledge that the representation is false or with disregard for its truth or falsity with the intention of misleading the other party into relying upon it, and a reliance…”
Ohio Rev. Code § 3105.31(F): 2 cases
Lang v. Reetz-Lang, 488 N.E.2d 929 (Ohio Ct. App. 1985). “In this cause, the court is presented with the issues of whether, under R.C. 3105.31(F) and 3105.32(F), a party seeking annulment must demonstrate fault on the part of the defendant, and whether promises contained in an antenuptial agreement, which agreement omits to provide…”
Patel v. Patel, 2014-Ohio-2150. “13AP-976 6 {¶ 17} We first review the two statutes that govern annulment in Ohio, R.C. 3105.31 and 3105.32. Both statutes were enacted in 1963 and have not been revised or amended since.”
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