What Is the Law for Annulments in the State of Oregon?

By Jim Thomas

If you are contemplating an annulment of your marriage, you should know that grounds for an annulment are limited in Oregon. Annulments are allowed only if the parties are incapable of entering into a marriage contract due to an insufficiency of legal age or understanding, or if the consent of either party was the result of fraud or force. You must be 18 — or 17 with parental consent — to legally marry in Oregon.

Void and Voidable Marriages

A void marriage is one that was invalid and never actually existed. For example, if one of the parties was already married or if the parties are first cousins or nearer, the marriage would be automatically void. Court action is not necessary to set aside a marriage that is void. A voidable marriage, on the other hand, is a marriage that can be cancelled if you contest it in court and have valid grounds for setting it aside. Annulments fall into the category of a voidable marriage; when an annulment is granted, the dissolved marriage is treated as if it never existed.

Fraud or Force

If you are forced or tricked into marriage by fraud or duress in Oregon, you can file to have the union annulled. If someone marries you solely to obtain legal citizenship in the United States, for example, you have grounds for an annulment. If someone threatens to harm your children unless you marry him, you have grounds for an annulment. However, the American Legal Journal states that a fraud must directly affect the "very foundation of the marriage." So false representations by your spouse about his character, reputation or habits might not be sufficient for an annulment.

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Temporary Orders

Under Oregon statute 107.095, the court can provide child support or spousal support after the petition for annulment is filed and before the case is finally decided, just as in a divorce proceeding. One party might be ordered to pay the expenses of the other party to proceed with the annulment case, and the court has the authority to require one party to move out of a shared residence during the annulment proceeding.

Final Judgment Orders

When the court grants an annulment, it has the authority to provide the same kinds of relief as in a divorce case. Custody of minor children born during the marriage or minor children born to the parties prior to the marriage is determined according to a parenting plan approved by the court. Oregon law encourages joint custody and close contact with both parents. Child support and spousal support, when appropriate, also are included in the final judgment annulling the marriage.

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South Carolina Annulment Laws
 

References

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What Is the Time Limit for Getting an Annulment in the State of Nevada?

Nevada allows couples to annul a marriage in a limited number of cases. Because of the wide availability of divorce, state law strictly limits the grounds for which an annulment may be sought. In addition, while there is typically no time limit for bringing the action, an exception applies to marriages based on age of consent, which must be brought within one year after the minor child reaches 18.

How to Be Eligible for an Annulment

While a divorce terminates a legal marriage, an annulment means that the marriage never existed legally. To qualify for an annulment, a marriage must be legally void or voidable. Void means that it is not valid, while voidable means that a court can declare it to be invalid if it is challenged. To be eligible for an annulment you must be able to prove one of the specific grounds to establish that your marriage is void or voidable. Otherwise, eligibility for an annulment is simple. However, many states require strict proof to declare an annulment.

Annulment Fraud & California Law

Not all marriages are valid in California. If one spouse uses fraud to induce the other to marry, an annulment may be granted by the court. Annulments have the effect of restoring the parties to a position as if the marriage never occurred. However, due to the availability of divorces, annulments are applicable only in limited circumstances and require more proof than is typically needed to dissolve a marriage.

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