Marital challenges can sometimes lead couples to contemplate the termination of their union. However, before reaching a definitive conclusion, it is imperative to familiarize oneself with the available legal alternatives. In Oregon, couples have the choice between seeking an annulment or pursuing a divorce. Although these choices may appear to be similar, they bear distinct dissimilarities that warrant careful consideration.
Defining Divorce and Annulment
Divorce represents a legal procedure that concludes a marriage while acknowledging the existence of the once-valid union. Conversely, annulment constitutes a legal process that asserts that the marriage never existed in the first place.
Grounds for Annulment and Divorce
When filing for divorce in Oregon, several grounds may be cited. The most common grounds include irreconcilable differences, one spouse being responsible for the marital breakdown, or the irremediable collapse of the marriage.
Similarly, obtaining an annulment in Oregon is contingent upon specific grounds being met. Such grounds include one party’s underage status at the time of marriage, one party’s existing marriage or domestic partnership, or fraudulent and deceptive circumstances surrounding the union.
Timing of Annulment and Divorce
In Oregon, divorce proceedings necessitate a minimum waiting period of 90 days following the filing of the Petition for Dissolution of Marriage. Conversely, the timing for an annulment is not always so clearly defined. An annulment can only be granted upon the presentation of substantial evidence involving the aforementioned grounds. In some instances, an annulment may even be granted years after the marriage took place.
Division of Property
A prominent divergence between annulment and divorce lies in the division of marital assets. A divorce mandates that the court fairly and equitably divide the couple’s assets and liabilities. Conversely, an annulment may not necessitate the division of property, as the marriage is deemed null and void from the outset.
Child Custody and Child Support
In cases involving either divorce or annulment, the court is obliged to determine matters of child custody and child support, if applicable. The court’s decisions are invariably based on the paramount consideration of the child’s best interests, with both parents assuming shared financial responsibility for their children.
Final Thoughts
The decision to terminate a marriage is invariably accompanied by emotional turmoil and challenging circumstances. Familiarizing oneself with the differences between divorce and annulment in Oregon empowers couples to make informed choices about their legal recourse. It is essential to consult a knowledgeable family law attorney who can navigate the legal complexities and safeguard an individual’s interests throughout the process.