Understanding Marriage Annulment in Oregon

According to Oregon Revised Statutes (ORS) 107.005, an annulment is the legal procedure through which a marriage is officially declared void or invalid. It treats a union as if it never occurred.

Oregon law differentiates between void and voidable marriages. Void marriage is considered illegal from the beginning, such as a situation where one spouse was underage and did not have proper consent, or one of the parties was already married. These scenarios automatically invalidate the marriage.

On the other hand, a voidable marriage is one that remains valid until one of the spouses challenges the validity in court. Grounds for annulment of voidable marriages include fraud, coercion, or misrepresentation. ORS § 106.030 outlines the framework governing such situations and the validity of marriage prenuptial agreements in them.

Annulment provides a formal acknowledgment that the marriage was illegal in the eyes of the law. It puts forward a framework that allows the parties to move forward with their lives and emotionally reconcile their marital status, and addresses any consequences straightaway. Annulment is different from divorce, which ends a marriage that is otherwise valid. Divorce acknowledges the existence of a marriage and its subsequent dissolution due to the inevitable complexities of personal relationships.

After the marriage has been annulled and the court has issued a certificate of annulment, the individuals are allowed to marry immediately, as they are considered single and never married. There is no mandatory waiting period of six months, unlike in a divorce. Children born during the union are, however, considered legitimate, and custody is determined based on their best interests as determined by the court.

Grounds for Annulment in Oregon

Annulment invalidates a union, treating it as if it never existed. As defined in the Oregon Revised Statutes section 107.015, there are specific grounds under which a marriage could be annulled. These include:

Lack of capacity or ability to consent: This applies when a party is not in the right mental condition to provide valid consent, or in the presence of conditions that prevent them from understanding the nature of the marriage and the implications of their actions.

Fraud or misrepresentation: This entails situations where one party deceives the other. This includes hiding previously married, criminal history, ex-convict status, concealing serious medical conditions, and other critical issues that could impact the decision to get married. The punitive spouse may seek to annul the marriage when they discover the fraudulent actions of the other party. Moreover, potential criminal implications may spring up in connection with fraud or misrepresentation in annulment cases. If the offending party falsified documents or committed perjury, they may face criminal charges.

Coercion or Force: This happens when one party is forced into the marriage (ORS 107). By wielding undue influence, one party may manipulate the other or take advantage of a power differential or imbalance, such as a wide age gap or social class, to coerce the other into marriage.

Close Blood Relationship: This refers to a marriage between two individuals who are too closely related. This includes incest.

Underage Marriage: The legal marriage age in Oregon is 18 years. 17-year-olds may marry if they have a written consent form from a parent or guardian. An underage marriage is considered voidable.

Other legal grounds for annulment in Oregon include bigamy and marriages that violate public policy or statutes.

Eligibility Requirements for an Annulment in Oregon

To file for annulment in Oregon, the marriage must have taken place in Oregon, or at least one spouse must have lived in Oregon for six months. It is important to pursue an annulment as soon as the grounds are discovered. The state of Oregon enforces certain time limits depending on the grounds for annulment.

If the grounds for annulment are a lack of capacity at the time of marriage, the annulment process must be initiated within two years of marriage. If the grounds for annulment are underage marriage, it must be filed before the underage spouse reaches the age of majority. Continued cohabitation until the underage spouse reaches legal age could be interpreted as ratification of the marriage. For void marriages, either of the spouses or an interested third party may file for annulment. Voidable marriages may only be annulled following a petition from either spouse.

How to Get a Marriage Annulled in Oregon

To get a marriage annulled in Oregon, there are steps the petitioner must take to ensure compliance with the legal requirements. To begin with, the individual must determine eligibility for annulment. They must identify the grounds that they seek annulment for, such as fraud or misrepresentation, lack of consent or capacity to consent, or if the marriage was illegal as a result of consanguinity or age. Filing on the grounds of underage marriage must be done before the spouse attains the age of majority.

Having identified the grounds for seeking annulment and establishing eligibility, the petitioner must collect the necessary documents and forms. These may be obtained from the local Circuit Court or the Oregon Judicial Department's website. In addition, when filling out the forms, the petitioner must provide accurate information about both parties, details about the marriage, residence, and the grounds for the annulment.

Upon completion of filing the forms, the petitioner should file the petition with the appropriate court. This is typically the Circuit Court in the county where either party resides. Following the filing, the court would schedule a hearing and serve notice to both parties. It is important to prepare the evidence, witnesses, and supporting documents to support the claim, as this may greatly affect the outcome.

Required Forms and Documentation for an Annulment in Oregon

The grounds for petitioning for an annulment are specific and must be proven with evidence. There are some documents that the petitioner must file with the Circuit Court in the appropriate Oregon county. These documents include:

Complaint for Annulment: This is the main legal document that starts the case. It should contain the full names of both parties, the date and place of the marriage, a detailed statement of facts, the legal grounds for the annulment, and the relief which the petitioner seeks (to declare the marriage illegal).

Summons: This is the official notice from the court informing the respondent that they are being sued and that they have a limited time to respond.

Confidential Information Form (CFI): A form that contains the personal details of both parties and any minor children.

Certificate of Service: A document that the petitioner files with the court after successfully delivering the summons to the respondent.

Affidavit of Service: This document is completed and signed as a notarized form when a third party serves the document on behalf of the petitioner.

Decree of Annulment: The final order signed by the judge declaring the marriage void.

Interested parties may find forms for annulment on the Oregon Judicial Department's website. They may also visit the office of the District Court clerk to obtain the necessary forms and documents. Alternatively, they could get the documents through access portals provided by local courts in the counties.

In addition to these documents, other supporting documents may be required. These include a certified copy of the marriage certificate, birth certificates of both parties, affidavits from witnesses, and other documentary evidence.

Where to File for an Annulment in Oregon

The petition for annulment must be filed in the appropriate Circuit Court. This may be the Circuit Court where the parties reside or in the county where the marriage occurred. This is necessary to avoid delays or dismissal.

Annulment Timelines and Waiting Periods in Oregon

In Oregon, there is no waiting period to file for an annulment, unlike divorce. The typical timeframe for annulments is between four and six months. However, complications and disputes may cause it to take longer. Issues such as financial disputes, the presence of children, or prenuptial agreements may cause an annulment to last for over a year.

Costs and Court Fees for an Annulment in Oregon

There are fees associated with the annulment process in Oregon. Standard filing fees range between $300 and $400. There is a fee for delivering legal papers to the respondent. This costs between $50 and $150. If the petitioner decides to hire an attorney, the hourly rate is between $200 and $500.

Uncontested annulments where both parties agree on the annulment grounds and related issues are simpler and cost less than contested annulment cases.

Indigent petitioners may apply to the court for a waiver. They may be required to fill out a form stating their financial situation. This way, low-income citizens may get legal recourse without financial barriers getting in their way. Moreover, there are non-profits that provide legal aid to low-income residents. Also, indigent petitioners may access low-cost or pro bono services through the Oregon State Bar. Additional resources and forms may be obtained on the Oregon Judicial Department's website.

After the Annulment: What Happens Next?

After the judge signs the certificate of annulment, the marriage is officially dissolved, and both parties regain their single status. They are free to marry other people immediately. Since an annulled marriage is considered illegal from the beginning, assets gained during the time together may not be viewed as marital property.

In a legal marriage, spousal support is intended to provide financial support to a spouse in recognition of the contributions made to the marriage. However, during annulments, spousal support is generally not entertained as the courts tend to view annulments as void relationships. The presence of children is a significant aspect of the conversation around annulment. Although an annulment officially declares a marriage invalid, any children born during the marriage are considered legitimate. The court decides matters around custody, visitation, and child support. Oftentimes, parents transition into a co-parenting arrangement.