Annulment Attorney in Bend, OR
How to Annul a Marriage in Oregon
In order to annul a marriage, the marriage ceremony must have happened in Oregon or one of the separating parties needs proof of residence/domicile in Oregon for the past six months at minimum. In addition, the separating party must file a “Petition for Annulment" and establish proper grounds for the annulment with the clerk of the County Court.
A "Void" Marriage vs. A "Voidable" Marriage in Oregon
A “void” marriage is one which the court does not recognize to have ever existed. A marriage that took place in Oregon may be “absolutely void” if either of the parties had a spouse living at the time of the marriage, the parties are first cousins, nearer of kin to each other, whole blood, half blood, or legally adopted (note - when the parties are first cousins by adoption only, the marriage is not void).
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/fraud. 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.
Divorce vs. Separation vs. Annulment
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.
This can be a complicated area of the law. For more information, please contact a Bend family law attorney at Baxter Harder, LLC.
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