Marital Annulment in Oregon
Divorce Papers » Marital Annulment in Oregon
The judicial decree of marriage annulment cancels a marriage as if it never existed. It is erased from the records and is non-existent in the sense of law. When it comes to annulment in Oregon, the duration or consummation of marriage does not matter.
There are few specific laws and grounds given by the statute of Oregon for the process of annulment, at least one of these grounds needs to be cited and proved so as to get an annulment in Oregon. It is granted only in specific circumstances and after submitting required substantial proofs.
Grounds for Annulment in Oregon:
As mentioned above, the grounds for marital annulment in Oregon are specified by the statute of Oregon. These grounds are one of the reasons why the process of annulment is so complex in the state of Oregon. Annulment in Oregon is the legal way of canceling or erasing an invalid marriage.
The grounds for marital annulment in Oregon are as follows:
Fraud or Misrepresentation - A marriage in which a partner is lured by the means of fraudulent behavior or misrepresentation is considered a ground for annulment as per the statute of Oregon. This could be a marriage under the pretenses of love to secure the citizenship of US. It could also be a means to change one's identity to flea from the law. Besides these reasons, there could be a number of things such as hiding sexual preference, sexually transmitted diseases, previous sex-change operation, sterility, sadomasochism or hiding one's identity in order to lure the spouse into the wedlock.
Duress or Force - If a partner is forced into a wedlock by the means of coercion, force or threats, such a marriage is voidable and can be annulled on the grounds of duress as per the statute of Oregon. These threats could consist of threats to hurt the family members or holding the person at the gunpoint and threatening them to get married or threatening to hurt self if the person does not agree to the marriage.
Such marriages are popularly known as gunshot marriages and can be annulled. This is a firm ground to get an annulment in Oregon.
Mental Illness or Insanity - Temporary or permanent insanity or being diagnosed with a mental illness or disorder which is lifelong and cannot be cured can be a base for annulment in the state of Oregon. For instance, a disorder like schizophrenia can be kept in check but cannot be cured permanently. Such people lead an almost normal life but it can greatly affect the lives of the spouse and the children. Besides, if the condition or the symptoms are present before the marriage and the other spouse was not aware of the same, it can be a firm ground to get an annulment.
Underage Marriage - If either of the spouses was under the legal marriageable age while getting married, such a marriage is considered as void right from the beginning. It is assumed that the underage partner does not have the maturity to make an important decision such as marriage and thus, the marriage cannot be considered as valid.
Such a marriage has to be annulled and it is relatively easy to get an annulment on the basis of this ground. However, if the parental or guardian consent was obtained before getting married, such a marriage is considered as valid and cannot be annulled.
Bigamy - If a person who is married to a living non-divorced spouse, they are not supposed to get married to someone else unless they get a divorce. In cases, where a previous marriage is concealed from the spouse, the wronged spouse can file for an annulment on the grounds of bigamy.
Bigamy is a cognizable offense as per the state laws and thus annulment can be granted on the same grounds after providing the substantial proof to the court.
Incest or Consanguinity - Marriage between two people descending from the same blood line is considered as incest or consanguinity. Such marriages are considered invalid even if the relationship is legitimate. The examples of these marriages are the marriages between parent and child, grandparent and grandchild, siblings, cousins, step-relations, relations formulated by marriage and other relations which are too close to be comfortable.
Relationship by marriage is known as affinity and by blood is known as consanguinity. The proofs of these relations need to be submitted to the court in order to get an annulment.
Physical or Mental Inability to Consummate the Marriage - It happens in many cases that a person is unable to perform the sexual act which results in the dissatisfaction of the partner. In some cases, a person is unable to respond to the sexual advances of their married partner in a positive way straining the marital relationship. In such cases, the causes are either physical or mental but the bottom line remains that either of the partner is dissatisfied.
Sexual relationship is an integral part of a marriage and mental or physical inability to consummate the marriage amounts to mental and physical abuse.
Laws for getting an Annulment in Oregon:
Some of the important laws for getting an annulment in the state of Oregon are as follows:
- The residency requirement for annulment in Oregon is six months. At least, one of the spouses should have resided in the state for six months before the date of filing.
- The duration of marriage does not matter when it comes to annulment. The grounds should exist while filing.
- The children are considered as legitimate even if the annulment is granted.
- The grounds need to be proved with the help of witnesses, exhibits and documents. This proof should be substantial and iron-clad.
In short, getting an annulment in Oregon is difficult and one can file for a divorce suit which is less costly and quick as compared to annulment.