ORS 106.020(1) prohibits persons from marrying one another if either party already has a spouse who is living at the time of the marriage. Such a marriage, if solemnized within this state, is absolutely void. If solemnized outside of this state, but challenged within this state, it would be voidable. ORS 107.005 says that (1) A marriage may be declared void from the beginning for any of the causes specified in ORS 106.020; and, whether so declared or not, shall be deemed and held to be void in any action, suit or proceeding in which it may come into question. (2) When either husband or wife claims or pretends that the marriage is void or voidable under the provisions of ORS 106.020, it may at the suit of the other be declared valid or that it was void from the beginning or that it is void from the time of the judgment.
Gorin on Annulment
Further, under ORS 107.005(2), if either spouse claims that the marriage is void or voidable under the provisions of ORS 106.020, such a marriage may at the suit of the other "be declared valid or that it was void from the beginning or that it is void from the time of the judgment." In sum, ORS 107.005 pertains to the authority of a judge to render a judgment declaring the validity or lack thereof of a marriage when such is called into question in an action, suit or proceeding brought by either husband or wife. It then becomes incumbent upon the judge the render a judgment. And in doing so, if the claim is made that the marriage is "void or voidable under the provisions of ORS 106.020," the court may render a judgment declaring the marriage as either "void from the beginning or that it is void from the time of the judgment." So it appears you can go either way.
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