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Oregon Attorneys Help You Determine if an Annulment Is Right for You

Annulments can be advantageous to those eligible for them

Divorces are common, but a divorce may be an unpleasant and drawn-out process that many couples hope to avoid. One way to avoid a divorce proceeding is by having your marriage annulled. When a union is annulled, the law treats it as if it never happened, and that can be beneficial to you. There are very strict requirements for qualifying for an annulment, and Johnson & Taylor can let you know if an annulment is an available option, and if so, whether or not it would benefit you.

What is an annulment, and why would I get one instead of a divorce?

An annulment, like divorce or mediation, is a process to end a marriage. Unlike all the other processes, however; an annulment not only ends the marriage, but also treats it as if it never happened. There are two categories of marriages that can be annulled:

  • Void marriages — These marriages are automatically void because they were not valid at their inception. Marrying a person who is already married to someone else falls within this category.
  • Voidable marriages These marriages are not automatically void, but they may be deemed so after an inquiry by the court. Being induced into the marriage by fraud falls within this category.

The advantage of having a marriage annulled versus going through a divorce is twofold. First, because the marriage is considered to have never happened, the proceeding is over and there are no issues regarding spousal support, division of property or anything else, making the process quicker and less complicated. Second, some religions require an annulment to remarry, and the civil annulment allows them to do so. However, the Catholic church and others require a separate annulment from the church.

If you would prefer an annulment to a divorce, the family law attorneys at Johnson & Taylor know the rules and can let you know if you are a potential candidate for an annulment and if it is a good option for your situation.

How to qualify for an annulment

Very few marriages qualify for an annulment because the state requires specific conditions to be met before granting one. Some of the reasons for annulling a marriage include:

  • Void marriages
    • The spouse was still married to someone else at the time of the marriage.
    • The marriage was to a close relative by blood or adoption
  • Voidable marriages
    • A party to the marriage did not sufficiently understand what was happening.
    • One party was too young to fully understand what was happening.
    • The consent of one party was obtained by force.
    • The consent of one party was obtained through fraud.

The inquiry into marriages that are void is very simple, as the facts tend to be black and white. The inquiry into voidable marriages is much more complicated, as claims of force, fraud or misunderstanding are disputable, and success relies on convincing a judge that the facts support your version of the story.

Annulment can be a useful tool for ending a marriage, but it is not without its problems. Proving that a marriage should be voided can be time-consuming, and if there are children involved, an annulment may cause them problems due to social stigmas or attitudes. The divorce attorneys at Johnson & Taylor know what conditions need to be met to get an annulment and can tell you if an annulment is an option, and if so, if it is the right option.

Let Salem, Oregon, attorneys help you decide the best way to end your marriage

Going through a divorce is hard; so many couples want to find the most painless way to end their marriage. An annulment can be a quick way to separate from your former spouse, but a vast majority of couples won’t meet the requirements necessary to qualify for one. We can put the straightforward style of Johnson & Taylor to work for you. Our Salem, Oregon, attorneys can explain the positive and negative aspects of annulments and if it is the right choice for you. Contact us at 503-990-6641 or online.