Tenaciously Protecting Your Best Interests
Under some circumstances, divorce is simply not enough. When a marriage must be invalidated and erased from existence, a divorce will not suffice as it still recognizes a union once took place. This is why Oregon law allows for annulments, which completely dissolve the marriage from both parties’ personal histories. While this sounds extreme, it is important to remember marriage is a legal contract and just like any other legal contract, it must be entered into willfully and lawfully.
Void vs. Voidable
The state of Oregon categorizes invalid marriages into 2 sections: void or voidable. A void marriage is automatically illegitimate in the eyes of the law, while a voidable marriage is eligible for annulment but still legal until the courts decide it isn’t. So, what determines the eligibility for an immediate negation vs. one at a later date? In some cases, the marriage is so clearly unlawful it does not necessitate the court’s determination, also known as a void marriage. This preclusion applies in specific instances such as bigamy, polygamy, or incest.
A voidable marriage can still be annulled, such as in cases where one spouse was underage, under the influence, under duress, or not of sound mind. However, voidable marriages can no longer be annulled if the circumstances determining invalidity are no longer present. For example, if one party learns the marriage is fraudulent but continues to maintain a relationship with their spouse, a future annulment is off the table. Divorce will be the only route available.
Seeking an Annulment Lawyer in Salem? Call us.
Pacific Cascade Legal is led by a legal team with incredible passion and dedication for helping people obtain the resolutions they’ve been searching for. Our commitment to excellence is unparalleled because we treat each and every case with the attention to detail and care it deserves. Don’t set yourself up for a potential failure or disappointment when you can enlist our services today. Are you interested in scheduling an initial consultation? For a Salem annulment attorney to evaluate your case, call (503) 427-9033.