In Oregon, an annulment may be granted under the following conditions:
(1) When either party thereto had a wife or husband living at the time of such marriage.
(2) When the parties thereto are first cousins or any nearer of kin to each other, whether of the whole or half blood, whether by blood or adoption, computing by the rules of the civil law, except that when the parties are first cousins by adoption only, the marriage is not prohibited or void. [Amended by 1989 c.647 §1]
This response should not be relied upon as advice. Communication in this forum does not create an attorney client... more
This response should not be relied upon as advice. Communication in this forum does not create an attorney client relationship.
An annulment is for things like the marriage is void because you were unable to legally consent (mentally ill, intoxicated, underage), or there was fraud - which this type of behavior doesn't constitute, or you were forced against your will so you never really consented freely. So basically annulment is for situations that you really didn't consent to get married.
As a practical matter filing for an annulment involves almost the same amount of paper work and the same filing fee as filing for a divorce in a short term marriage. There is even a short form divorce called a summary dissolution which you an probably use if you guys don't own real estate because you probably meet the other criteria. Either way you can pick up printed forms at the court house for a very small fee - long or short form - and some county courts even have the forms on line for a free download - pay the filing fee - and get out of this marriage very quickly. Oregon even abolished the 90 day waiting period - all you have to do is serve the guy and 30 days later file you final paper work. I doubt he will have any grounds to object that would hold up and since it's no fault, he can't prevent you from getting a divorce.
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The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.
I agree, it doesn't sound like you can get an annulment here. However, Oregon is a "no-fault" divorce state, meaning that all you need to do is state that there are irreconcilable differences. The court is not going to stop you from divorcing your husband.
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My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order to provide true (and reliable) legal advice, an attorney must be able to ask questions of the person seeking legal advice and to thus gather the appropriate information. In order for an attorney-client relationship to exist, you and I both have to agree the the terms of such an agreement.
As stated above, you may not be eligible for an annulment, but you can file for a divorce. If you and your husband have no children together and have only been married for a month, it should be a relatively quick and painless process, compared to divorces involving children and years of shared property. The longer you wait, the harder it can be, so I would encourage you to consult with an attorney immediately.
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