By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last updated December 16, 2022
Though it may seem simple, the legal proceedings surrounding marriage actually have strict rules. Each state has its own set of annulment and prohibited marriage laws that prohibit marriages under certain circumstances. A prohibited marriage is void because the marriage was never lawful. Generally, there's no need to get an annulment or divorce in these cases. Commonly prohibited marriages typically include bigamous marriages, in when a person tries to marry more than one spouse, or incestuous marriages, when a person tries to marry a relative.
An annulment, on the other hand, is a way to void a marriage that would be otherwise invalid. While both an annulment and a divorce end a marriage, an annulment wipes the slate clean as if there was no marriage to begin with. However, you usually need to get an annulment within a certain time limit, so it is important to act promptly if you are considering an annulment.
This article provides a brief overview of annulment and prohibited marriages in the state of Oregon.
The details of Oregon's annulment and prohibited marriage statutes are listed in the chart below.
Grounds for Annulment |
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Legitimacy of Children |
All children conceived or born of parents who are unlawfully married are legitimate (O.R.S. § 106.190) |
Prohibited Marriages |
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| Same-Sex Marriages | The U.S. Supreme Court's decision in Obergefell v. Hodges (2015) established that bans on same-sex marriage violated the Fourteenth Amendment's equal protection clause, legalizing same-sex marriage in every state, including Oregon. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
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.
If you are considering annulling your marriage or have questions regarding its legitimacy, you should speak to a local divorce attorney. An experienced attorney can view the specific facts of your case and give you legal advice using the relevant laws of your jurisdiction.
Get started by speaking to a local family law attorney today.
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