Can i get an annulment in oregon

my husband is on drugs and we just got married last month?

Portland, OR -

Attorney Answers (4)

Lake James H Perriguey

Lake James H Perriguey

Family Law Attorney - Portland, OR
Answered

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
Joanne Reisman

Joanne Reisman

Marriage / Prenuptials Lawyer - Portland, OR
Answered

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.

The comments by this author to questions posted on Avvo are designed to foster a general understanding of what... more
Orion Jacob Nessly

Orion Jacob Nessly

Family Law Attorney - Lake Oswego, OR
Answered

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.

My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order... more
Jay Bodzin

Jay Bodzin

Family Law Attorney - Milwaukie, OR
Answered

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.

Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are... more

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.