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Oregon Annulment and Prohibited Marriage Laws

While many of us dream of getting married, we don’t often imagine the legal restrictions regarding the marriage process, which can vary from state to state. As it turns out, not all marriages are allowed and a marriage may be illegitimate after the fact. If you’re wondering if you’re eligible for marriage or maybe even trying to figure out if your marriage was legal in the first place, this is a good place to start. This is a brief overview of annulment and prohibited marriage laws in Oregon.

Annulments and Prohibited Marriages

The legal proceedings surrounding marriage generally have strict rules, and each state has its own set of annulment and prohibited marriage laws that prohibit marriage in certain circumstances. As an example, many of Oregon’s laws focus on consent, which is determined by age (18), full understanding, and a lack of fraud or force. Oregon also bars marriages if either party has a wife or husband alive at the time of the marriage.

Annulment Laws in Oregon

The details of Oregon’s annulment and prohibited marriage statutes are listed in the chart below.

Code Sections

Oregon Revised Statutes 106.010, et seq.: Marriage, Domestic Partnership; Oregon Revised Statutes 107.005, et seq.: Annulment of Void Marriage

Grounds for Annulment

Incapable of consent for age or lack of understanding; consent obtained by force or fraud (not otherwise ratified)

Time Limits for Obtaining Annulment


Legitimacy of Children

Issue of prohibited marriage is legitimate

Prohibited Marriages

Previous marriage undissolved; between first cousins or any persons nearer in kin; whole or half blood (unless parties are first cousins by adoption only)

Same-Sex Marriage in Oregon

Although Oregon passed a constitutional amendment in 2004 prohibiting same-sex marriage, a U.S. District Court ruled the ban unconstitutional in 2014. Oregon had allowed domestic partnerships for same-sex couples since 2008. Furthermore, in 2015, the U.S. Supreme Court issued a ruling on Obergefell v. Hodges, in which it stated that state bans on same-sex marriage were unconstitutional. You can visit FindLaw’s Same-Sex Marriage section and see the list of states that allow same-sex marriage for more updates on the latest same-sex marriage developments.

Oregon Annulment and Prohibited Marriage Laws: Related Resources

Whether you’re beginning your marriage journey and wondering if you can get married, or you’re if and how you can end your marriage, the law regarding marriage can be complicated. You can find more information and resources in FindLaw’s sections on Annulment, Divorce, and Oregon Family Law. You can also contact an Oregon divorce attorney if you would like legal advice regarding a marriage matter.

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