Annulment
Annulment in West Virginia and Ohio: When a Marriage Can Be Voided
While divorce ends a valid marriage, an annulment declares that the marriage was never legally valid in the first place. The legal effect is fundamentally different — after an annulment, it is as though the marriage never existed. Annulments are far less common than divorces and are only available under specific circumstances defined by state law. At Klie Law Offices, our family law attorneys help clients in West Virginia and Ohio understand whether an annulment is an option in their situation and guide them through the process when it is.
We serve clients from our offices in Buckhannon, Clarksburg, Morgantown, Parkersburg, and Canton, Ohio.
Annulment vs. Divorce: What Is the Difference?
The distinction between annulment and divorce is important. A divorce recognizes that a valid marriage existed and legally terminates it going forward. An annulment, by contrast, is a legal finding that the marriage was defective from the beginning due to some fundamental flaw. After an annulment is granted, the marriage is treated as though it never took place.
This distinction can have practical implications. For example, annulment may affect rights related to property distribution, spousal support, and inheritance. However, an annulment does not affect the legitimacy of any children born during the marriage. Children of an annulled marriage retain the same rights to child support, custody, and visitation as children of a divorced couple.
Grounds for Annulment in West Virginia
West Virginia law allows annulment only under limited circumstances. You cannot simply choose an annulment over a divorce because you prefer it — there must be a legally recognized basis for declaring the marriage void or voidable. The grounds for annulment in West Virginia include the following.
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Grounds for Annulment in Ohio
Ohio law provides similar but not identical grounds for annulment. In Ohio, a marriage may be annulled if the party seeking annulment was underage and lacked proper consent, a former spouse of one party was living at the time of the marriage and the prior marriage was never dissolved, either party lacked the mental capacity to consent, consent was obtained through fraud, the marriage was never consummated, and the marriage was obtained through force or duress.
Ohio also distinguishes between void and voidable marriages. Bigamous marriages and marriages between prohibited family members are void. Other defective marriages are voidable and must be challenged by one of the parties. Our Canton office attorneys are experienced in Ohio annulment law and can evaluate whether your circumstances meet the legal standard.
The Annulment Process
The other spouse has the right to respond and contest the annulment. If the court finds that the grounds have been established, it will issue a decree of annulment. If the court is not persuaded, the annulment will be denied, and the marriage will remain legally valid. In that case, divorce would be the alternative path to ending the marriage.
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What Happens After an Annulment?
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Is Annulment Right for Your Situation?
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Office Locations
Buckhannon
Buckhannon, WV 26201
Parkersburg
Parkersburg, WV 26101
Clarksburg
Clarksburg, WV 26301
Morgantown
102, Morgantown, WV 26508
Canton, OH
Suite 606
Canton OH, 44718
Contact Us About Your Annulment Questions
If you believe your marriage may qualify for an annulment, or if you are unsure whether annulment or divorce is the right option, contact Klie Law Offices to discuss your situation with an experienced family law attorney. You can also schedule an appointment online. We serve clients from our offices in Buckhannon, Clarksburg, Morgantown, and Parkersburg in West Virginia, and Canton in Ohio.





























