How to Get an Annulment in Oregon
Everyone who enters into a marriage hopes that it will last forever. However, sometimes there are extenuating circumstances, and things become unsustainable. In these cases, it is usually in the best interest of both parties to seek a separation. If you are preparing to separate from your spouse, you are likely considering all your options, including divorce, separation, and annulment.
Are you seeking an Oregon annulment? DoNotPay can help you navigate the process. With DoNotPay's help, you can learn if you are eligible for an Oregon annulment, and get the details on how to start the annulment process on your own.
What Makes an Annulment Different from a Divorce?
Oregon looks at annulment filings very differently than divorce filings. While an annulment and a divorce both ultimately accomplish the same goal, i.e., separation from a spouse, they mean two totally different things in the court system. Divorce is seen as the legal end to a formally recognized marriage, while annulment is known as the dissolution of a marriage that was never legal, to begin with.
The Grounds for Oregon Marriage Annulment
The state of Oregon is unique in that for a marriage to be eligible for annulment, it must fit into one of two categories: void and voidable marriages. The state laws on annulment are found within two chapters (of Volume 3) in the 2011 Oregon Revised Statutes (or, ORS). The grounds for both void and voidable marriages to be considered eligible for annulment are:
|Void Marriage||Voidable Marriage|
|State Codes for Annulment||ORS 106.020 - Prohibited and void marriages
ORS 107.005 - Annulment of void marriage; declaration of validity; effect of declaration
|ORS 106.030 - Voidable Marriages
ORS 106.050 - Proof of Age; When Affidavit Required
ORS 107.015 - Grounds for annulment or dissolution of marriage
|Legal Grounds for Annulment||For a marriage to be considered void in the state of Oregon, it has to include one of the following conditions:
||Voidable marriages tend to be a bit more complicated since they are technically considered valid but can be declared void if certain conditions are met. Those conditions include:
In addition to the legal grounds and definition stated in the codes above:
- The petitioner (in this case, you) must establish the legal grounds for the annulment
- You or your spouse must live in the state of Oregon for at least six months before the petitioner (you) may file for annulment.
- There is no statute of limitations, per se. You can file for annulment immediately after getting married, or even 20, 30 years later.
- If you are underaged at the time of your marriage, your parents (or guardians) must file for annulment before you turn 18 years old (age of consent). Also, If you or your spouse were underage at the time of your marriage and continue to live freely together after either or both of you have reached the age of consent, you may no longer be able to file for annulment because you were underaged and any filing or claim will be waived.
- As soon as you discover that you had unwittingly entered into your marriage because of fraud, you must separate yourself from your spouse and leave apart before filing on grounds of fraud. If you are still living freely with your spouse, your filing for annulment on the grounds of fraud will be waived.
Void marriages are often considered to be invalid immediately, while voidable marriages require a court order so that the parties can go before a judge and prove the grounds for annulment of the marriage.
Getting an Oregon Annulment on Your Own
If you have a voidable marriage and want to start the process for an Oregon annulment, there are a few steps that you will have to follow.
Here's how you can get an annulment in Oregon on your own:
- File a petition for annulment with your local Oregon county clerk. The paperwork can be filed in person, at your county clerk's office - but you can also contact the office and ask if there is a way to send the paperwork electronically.
- Wait for your spouse to be served. While both parties don't have to be in complete agreement about the annulment for it to be handled through the court, it is helpful. Your spouse will need to be served the annulment paperwork before a court hearing date is set. Your county clerk can work with you to determine how best to serve your ex-partner.
- Once your spouse is served, a court date will be set, where you and your spouse can appear before a judge. To support your case for annulment in Oregon, bring any applicable paperwork that you believe will help to expedite things. Your attorney can help describe to you what to expect from the judge and the court system at this point since many of the finer details of your case will be down to the preferences of the individual judge. Waiting for the results can take weeks or even months - but try not to stress too much about the timeframe.
Filing for an annulment on your own can be very stressful—but you aren't alone. DoNotPay can support you in the process, helping you determine whether you are eligible for an Oregon annulment and guiding you through the early steps of the process.
DoNotPay Can Help You Start the Annulment Process
DoNotPay can help you kickstart the Oregon annulment process. Here's how to utilize DoNotPay to get started. It only takes 3 steps:
- Search for Annulment on the DoNotPay website.
- Kick off the process to see if your marriage is eligible for an annulment.
- Answer some specific questions about your marriage and see if your state law allows for an annulment.
That's all you have to do—save yourself time and stress by letting DoNotPay walk you through the requirements for obtaining an Oregon annulment.
What Else Can DoNotPay Help With?
If you have any other questions on annulment, DoNotPay is your resource. Here are a few questions DoNotPay can answer for you:
- How much does an annulment cost?
- Where can I get all the details on annulment vs. divorce?
- What are the requirements for annulment?
- Can I get an annulment without the other person?