What is a Divorce, Annulment, and Separation?

Oregon has a few options for how you can end a marriage. The route you choose to take depends on your specific scenario. If you use travel as an analogy, to set out on your journey you need to decide on both a destination and method of travel. The “ending” of a marriage can take on different forms, and Oregon allows for options on reaching that “ending”. Let’s go through the different types and find the right option for you.

Divorce

The most well-known option for ending a marriage is a divorce, known legally in Oregon as a dissolution of the marriage. You are legally dissolving your partnership (marriage) and subject to the related laws for married individuals.

Annulment – Voidable Marriage

To annul a marriage is to undo it, making it as if it had never happened. In Oregon to receive an annulment, your marriage must be voidable. Voidable marriages include those involving underaged parties, forced consent, or the inability to legally consent. When your marriage is annulled you return to being “unmarried” instead of “previously married”.  Annulments have large similarities to a divorce regarding what parties can request and expect as an outcome. In the coming months, a quality law firm will be going further into detail in our annulment series.

Annulment – Void Marriage

A void marriage is a marriage that legally could never have happened and is treated as such. This includes scenarios such as marriages among more than two people (polygamy) or trying to enter into a separate marriage while still legally married (bigamy). In Oregon marriages between first cousins or closer relatives are also void. These types of annulments are very similar to divorces regarding what parties can request and expect.

Uncontested (Summary Dissolution)

An uncontested divorce is a simplified divorce in which the court does not have to rule on any contested matters. A couple may go through a collaborative process to reach an uncontested dissolution or simply come to “kitchen table” table resolution of their differences. When both parties are involved in the uncontested dissolution process, the expectation is that all items that are outstanding have been resolved. On the other hand, when one party doesn’t respond or appear in a divorce proceeding it is also considered an uncontested dissolution. These later types of cases are subject to reopening or set asides more easily than any other final resolutions types.

The divorce attorneys at a quality law firm are very skilled at assisting parties through uncontested divorces. These types of dissolution matters are often favored by parties given their speed and cost efficiency nature.

Contested (Complex dissolution)

In a contested divorce the parties and attorneys are adversarial and there are unresolved issues that must be settled through the court or mediation. You are subject to the full limitations and procedures of normal dissolutions.

Separation

A legal separation is an interesting option in that the marriage doesn’t actually end. You address items such as spousal support, child support, and asset division. The marriage itself however continues, which can be important for taxes, religious beliefs, or other financial reasons. A separation can be used as a “divorce-lite” by parties. It is often used when parties are considering or preparing for a divorce or if they have personal beliefs that disallow divorce as an option. In Oregon, at least one party must have been a resident of the state for at least 6 months before an Oregon court can dissolve the marriage. However, you can legally separate without the six-month wait and then convert the separation into a dissolution after obtaining residency. There are strict timelines at play when converting a separation to dissolution summarily and they need to be followed.

If you want to explore your options, including any of the options above, call us now to get the process started. We also have a secure contact form if you are more comfortable starting there. We are sure that you have questions. Let us give you the answers.