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

  • Casey is an awesome attorney.

    “He is very intelligent and knows how to get great results. He was there me and my wife during a very scary time when we really needed someone in our corner. He was always there to answer any questions we had and was able to get our legal matters settled with great results. We would have been a sinking ship without Casey!”

    Chester

  • 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

  • By far the best

    “My experience with Casey Baxter was nothing short of amazing. His whole office is so helpful, his paralegal and secretary are great as well. He is on your team 100%, other attorneys seem wishy washy but not Casey, he truly seems genuine and willing to go to bat to fight for you. He made me completely confident in going to trial. In my particular case we didn't have to because he was able to wheel and deal with the D.A. And get me an incredible deal. On top of that he was able to do everything in a timely matter. I had a nearly impossible deadline, we talked at 11 am and he had me on the docket for 1 pm that same day. I feel safe on Mr. Baxter's case load, anyone would. His background is very impressive, everything a person would want in a man defending them in a courtroom. When comes to little things other attorneys need to be reminded of with him there is no need, he is already on top of it. In other words Casey Baxter and his staff are a great team and are by far the best at representing you in your time of need.”

    Jaclyn H.

  • DUI, Reckless, and Interfering Defense

    “I selected Mr. Baxter to defend me against charges stemming from a DUI arrest. In addition to the DUI, I was also charged with reckless driving and interfering with the duties of a peace officer. Mr. Baxter's calm demeanor and support during this difficult, embarrassing incident were his primary assets. His extensive experience working in Deschutes County, in particular the District Attorney's office, also were factors in my decision. In the end, Mr. Baxter was able to get the Reckless and Interfering Charges dismissed and I am currently enrolled in diversion for the DUI. This was the best possible scenario I could have envisioned after facing the possibility of additional charges that would have resulted in substantial penalties. I have certainly learned a life lesson as a result of this arrest and am thankful to Mr. Baxter for his representation.”

    Previous Client

  • Saved my life

    “Thank you all for the hard work. I was facing three felonies which thanks to Casey Baxter, Thaddeus Bentz, and Amy Margolis was able to plea to one misdemeanor. You guys saved my life!!”

    Jason