Oregon Criminal Defense, Family Law, & Real Estate Law Attorneys
Request a Consultation 541.238.9210
Annulments & Your Family
Learn More About The Process

Annulment Attorney in Bend, OR

An annulment is a voiding of the marriage or registered domestic partnership agreement or contract. If you get a “Judgment of Annulment” your marital status will return to "unmarried," and it will be as if legally you were never married in the first place. In other words, your prior marriage is “void.”

A Void Marriage v. A Voidable Marriage in Oregon

A “void” marriage is one which the court does not recognize to have ever existed. For example, a marriage is void if either party had a living spouse at the time the parties were married, or if the parties are first cousins or more closely related. You can only annul your marriage if your marriage qualifies as either a void or voidable marriage.

A marriage that has been annulled for one of these reasons is void as of the time the judgment is signed. In a few cases, such as when a party to a marriage was married to someone else at the time of the marriage, the marriage is treated as if it never happened.

On the other hand, a “voidable” marriage is when a party was incapable of entering into or consenting to marriage. This may be because he or she was not of legal age, lacked sufficient understanding, or a party's consent to the marriage was obtained by force or fraud.

Divorce v. Separation v. Annulment in Oregon

An annulment is very different than either a legal separation or a divorce is that with an annulment, the marriage is “void,” as if it never happened. The parties are returned to their premarital legal positions as much as possible. You must meet certain criteria in order to receive an annulment so it is not always available to a party. The filing fees for an annulment in Oregon are the same for a divorce or a separation.

Getting an Annulment in Oregon

In order to get an annulment in Central Oregon, a party must file a “Petition for Annulment.” If the marriage ceremony happened in Oregon and one or both of the parties are residents of or domiciled in Oregon when the suit for annulment is commenced, there is no requirement for the length of the residence if a proper ground for the annulment is alleged. If the marriage ceremony did not occur in Oregon, then at least one party must be a resident or domiciliary of Oregon continuously for at least six months before the annulment suit commences. After the six-month residency requirement has been met, Oregon has the authority to annul the marriage without regard to where the marriage ceremony occurred or where the suit arose.

Grounds for an Annulment in Oregon

A marriage is prohibited and, if the marriage ceremony occurred in Oregon, “absolutely void” if either of the parties had a spouse living at the time of the marriage or the parties are first cousins or nearer of kin to each other, whether of the whole or half blood, whether by blood or adoption. But, when the parties are first cousins by adoption only, the marriage is not void.

Trustworthy Guidance from Our Bend Family Law Attorney

This can be a complicated area of the law. For more information, please contact a Bend family law attorney at Baxter Harder, LLC.

  • Better Business Bureau
  • 10 Best Attorney
  • Rising Stars Joseph
  • Avvo 10.0
  • Lawyers of Distinction
  • 40 Under 40
  • Avvo
  • Rising Star Casey

Client Reviews & Testimonials

  • Highest sense of urgency

    “I had a rather complicated case. Multiple states involved and multiple scenarios and issues that arose daily. I found Casey to extremely honest and transparent. I felt he gave me the most specific information he could. I never felt he was dragging or putting my case behind other cases. He gave me information in complete transparency and never said what he thought sounded good to me. He wasn't afraid of the tough conversations. I would highly recommend this lawyer and this firm if you need complete transparency and accurate information. His office staff consist of incredible work ethic and professionalism. They are always available and provide precise appointments and feedback if any is available. I have had a great experience and couldn't be happier with the result of my case as well as the journey to attain that result. Best I have ever used.”

    Justin

  • Highly Recommend

    “I actually hired Casey based on the reviews from Avvo. Since I live in WA, but got my DUII in Oregon, my situation was a little different than some, but Casey has been able to answer my questions all through the process. My case was pretty standard as to what was going to happen (and did happen). Mostly, Casey eased my fears with the whole process and made the ordeal much easier than if I had tried to handle this on my own. ”

    Shelley

  • Amazing!

    “Casey Baxter is amazing!!!”

    Kayla

  • I can look toward a better tomorrow because of what he accomplished.I can look toward a better tomorrow because of what he accomplished.

    “Casey Baxter has been the most amazing attorney, and has truly changed the course of my future. He took the time to listen to me explain about everything that was going on in my life, not just about what happened on the day of my incident, and was able to get the judge to listen as well. He was able to change the outcome into something that was actually manageable for me. He and his staff were always available whenever I needed to ask a question or make a change. I am very grateful for all he has done for me and can look toward a better tomorrow because of what he accomplished.”

    Tessa

  • Outstanding in Representation

    “I must say I have dealt with quit a few different kinds of lawyers in my time and Casey and his team are outstanding in representation, very fair on compensation, they honestly do care about your outcome and will work with you till the end to their best abilities! I would recommend to anyone who needs his services to give his office a call! Casey and his team will take care of you!”

    Shelley