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.

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.

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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.

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 Process for an Annulment in the State of New Hampshire?

The process of filing for an annulment in New Hampshire is similar to the process of filing for divorce. You'll need to petition a county court for an annulment, state the grounds for the annulment, and prove that your particular circumstances qualify for an annulment under state law. If you are granted the annulment, the marriage is treated as legally invalid; in other words, as if it never existed. Divorce, on the other hand, terminates a legally valid marriage once the divorce decree is signed by the judge

What Is Colorado's Annulment Law?

In Colorado, a Declaration of Invalidity of Marriage, commonly known as an annulment, terminates a marriage. An annulment is different from a divorce because, in the eyes of the law, a marriage never existed after obtaining an annulment. On the other hand, when a divorce ends a marriage, the marriage is recognized under the law to have existed prior to the divorce. Colorado statutes permit annulments under limited circumstances; the process for obtaining an annulment in the state is different from obtaining a divorce decree.

How to File for an Annulment in Maryland

You can only file for annulment in Maryland if your marriage possesses certain defects. For example, if your spouse lied to you about being able to conceive children, if one or both of you were underage when you married, or if you were extremely intoxicated during the marriage ceremony, these issues would qualify as grounds for annulment. If your marriage involved bigamy or incest, filing for annulment may not even be necessary. You can simply walk away because such marriages are never legally valid in Maryland to begin with.

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