Can I get annulment instead of divorce in the state of Oregon because my wife refuses to have sex with me?

Asked almost 6 years ago - Portland, OR

I was married three years ago and my wife refuses to have sex with me.

So much so, in fact, that on our wedding night she refused actual intercourse !

We have had sex occasionally, but it is very sparse!

Do I have grounds for an annulment instead of a divorce?

I currently live in Oregon but just moved from Washington State. It has only been a month and I have not officially changed my address.

Attorney answers (3)

  1. Lorena M Reynolds

    Contributor Level 7

    Answered . You cannot get an annulment in Oregon under this fact pattern. The only grounds for annulment are found in ORS 107.015. One party had to be incapable of contracting or consenting to marriage or have entered the marriage as the result of force or fraud. Annulments are very unusual in Oregon. Additionally, there are not many differences between an annulment and a divorce since all of the remedies available in a divorce, including support and division of property, are available in an annulment.

    You also will not be able to file in Oregon unless one of the parties is a resident of Oregon or the marriage occurred in Oregon and one of the parties is domiciled in Oregon.

  2. Nancy Nellor Retsinas

    Pro

    Contributor Level 10

    Answered . I am sorry, but you will not be able to obtain an "annulment" for the reason you mention. You will have to obtain a traditional divorce. You can file in either state, assuming your wife continues to reside in Washington.

  3. Frank S Hong

    Answered . Please note that I am not licensed to practice law in the state of Oregon. An annulment is a voiding of the marriage. Voidable marriages are marriages where one party was not capable of entering into or consenting to a marital contract, due to insufficient age (either of the parties were under the age of 17) or understanding, or when consent to marry was obtained by force or fraud. If your situation meets one of these requirements your marriage qualifies for an annulment.

    I have attached information on the filing process for an annulment. I strongly recommend contacting a family law attorney in your local area.

    Good luck.

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