Oregon Petition for Annulment

State:
Oregon
Control #:
OR-HJ-485-01
Format:
PDF
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A01 Petition for Annulment
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FAQ

Statute of Limitations for Annulment in CACalifornia law states that you have 4 years to file for annulment if the reasons are due to physical incapacity, age, or by force.

Mental incapacity. A person who is not legally capable of consenting to marriage based upon mental illness or incapacity, including incapacity caused by intoxication, may later seek an annulment. Underage marriage. If one or both spouses are below the legal age to marry, then the marriage is subject to being annulled.

California law states that you have 4 years to file for annulment if the reasons are due to physical incapacity, age, or by force. For example, if one partner was under the age of 18 upon entering the marriage or domestic partnership, then they will have 4 years to file annulment.

In California, the time limit differs depending on the situation. If you base your annulment on physical incapacity, age, or force, you have four years to file. If a marriage is invalid due to fraud, you have four years from the time you discover the fraud.

Under certain circumstances, a marriage may be annulled due to the way it was performed or witnessed. To file for an annulment in Oregon, the marriage must have happened there or at least one spouse must live in Oregon for at least six months before filing. The petitioner must establish grounds for an annulment.

To get an annulment, you'll have to prove your marriage is "voidable," meaning it was valid, but should be nullified (voided or canceled) based on one of the following grounds: unsound mind--one spouse lacked the ability to give consent due to a mental impairment or the influence of drugs or alcohol.

It was not consummated - you have not had sexual intercourse with the person you married since the wedding (does not apply for same sex couples) you did not properly consent to the marriage - for example you were forced into it.

To file for an annulment in Oregon, the marriage must have happened there or at least one spouse must live in Oregon for at least six months before filing. The petitioner must establish grounds for an annulment. The clerk of the county court provides the appropriate annulment papers.

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Oregon Petition for Annulment