Oregon
Oregon Annulment Laws: Grounds, Deadlines and How to File (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 7 primary sources cited on this page. How we verify our legal content
Yes. Oregon calls the action a judgment of marital annulment, and two statutes do the work: ORS 107.005 lets a court declare a void marriage "void from the beginning" for the causes listed in ORS 106.020, and ORS 107.015 lets a court annul a marriage for lack of legal age or understanding, or for consent obtained by force or fraud.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers civil annulment under Oregon Revised Statutes chapters 106 and 107, mainly ORS 106.020, 106.030, 106.190, 107.005, 107.015, 107.075, 107.105 and 107.115, plus the 2025 marriage-age law (SB 548). It does not cover Oregon case law on annulment, putative-spouse claims, religious annulment, or other states' law. For ending a valid marriage, see Oregon divorce laws.
Can you get an annulment in Oregon?
Yes. Oregon law recognizes two kinds of defective marriage, and the court handles each a little differently. A void marriage is invalid from the start. ORS 107.005 provides that such a marriage "may be declared void from the beginning for any of the causes specified in ORS 106.020; and, whether so declared or not, shall be deemed and held to be void in any action, suit or proceeding in which the marriage may come into question."
A voidable marriage is valid until a court says otherwise. Under ORS 106.030, a marriage where a party could not validly consent "shall be void from the time it is so declared by judgment of a court having jurisdiction thereof." ORS 107.015 lists the grounds on which a court may render "a judgment for the annulment or dissolution of a marriage."
A suit can also confirm a marriage. Under ORS 107.005(3), "A marriage once declared valid by the judgment of a court having jurisdiction thereof, in a suit for that purpose, cannot afterward be questioned for the same cause directly or otherwise."
Void marriages under ORS 106.020
ORS 106.020 begins: "The following marriages are prohibited; and, if solemnized within this state, are absolutely void." It lists two situations.
A spouse already married. Subsection (1) covers a marriage "When either party thereto had a spouse living at the time of the marriage."
Close relatives. Subsection (2) covers a marriage "When the parties thereto are first cousins or any nearer of kin to each other, whether of the whole or half blood, whether by blood or adoption, computing by the rules of the civil law, except that when the parties are first cousins by adoption only, the marriage is not prohibited or void."
Voidable marriages under ORS 107.015
ORS 107.015(1) lets a court annul a marriage on two grounds:
"(a) When either party to the marriage was incapable of making the marriage contract or consenting to the marriage for want of legal age or sufficient understanding"
"(b) When the consent of either party was obtained by force or fraud."
Ratification defeats these claims. Under ORS 107.015(2), no judgment is rendered on these grounds "if the marriage contract was afterward ratified." The two sections do not set a filing deadline, and they do not say what conduct counts as ratification. Ask an Oregon lawyer how courts apply ratification, delay or a spouse's death to a specific marriage.
Oregon annulment grounds at a glance
| Ground | Void or voidable | Time limit in the statute | Bar stated in the section | Cite |
|---|---|---|---|---|
| A spouse had a living spouse at the time of the marriage | Void if solemnized in Oregon | None stated | None stated | ORS 106.020(1); 107.005 |
| First cousins or nearer kin, by blood or adoption (not first cousins by adoption only) | Void if solemnized in Oregon | None stated | None stated | ORS 106.020(2); 107.005 |
| Want of legal age | Voidable | None stated | Later ratification | ORS 106.030; 107.015(1)(a), (2) |
| Want of sufficient understanding | Voidable | None stated | Later ratification | ORS 106.030; 107.015(1)(a), (2) |
| Consent obtained by force or fraud | Voidable | None stated | Later ratification | ORS 106.030; 107.015(1)(b), (2) |
"None stated" means the cited section does not set one. It does not mean no other rule applies. ORS 107.005(2) lets one spouse sue for a declaration when the other claims the marriage is void or voidable under ORS 106.020; the sections cited here do not otherwise say who may bring each kind of case.
Underage marriage in Oregon: the age-18 law
The 2025 Legislature passed SB 548 (2025 Oregon Laws chapter 224). It amended ORS 106.010 to set the minimum marriage age at 18, and section 9 of the act states: "ORS 106.060 is repealed." ORS 106.060 was the exception that had allowed some people under 18 to marry with consent. The ORS 106.010 text published by the Legislature now reads "at least 18 years of age."
The act did not add underage marriage to the void list in ORS 106.020. Want of legal age remains a voidable ground under ORS 107.015(1)(a). The act took effect January 1, 2026 (2025 Oregon Laws chapter 224).
How to file for an annulment in Oregon
Court and caption. Annulment, dissolution and separation cases are filed in circuit court. Under ORS 107.085(1), the suit is titled "In the matter of the marriage of" the two spouses, and the filing spouse is the Petitioner.
Residency. ORS 107.075(1) provides: "If the marriage was solemnized in this state and either party is a resident of or domiciled in the state at the time the suit is commenced, a suit for its annulment or dissolution may be maintained where the ground alleged is one set forth in ORS 106.020 or 107.015." No six-month period is stated for that situation.
If the marriage took place outside Oregon, or another ground is alleged, ORS 107.075(2) requires one spouse to be a resident of or domiciled in Oregon when the suit is commenced and continuously for six months before.
Fault. Under ORS 107.036(1), "The doctrines of fault and of in pari delicto are abolished in suits for the annulment or dissolution of a marriage or for separation." ORS 107.036(3) keeps the court from considering fault when it divides property or sets support.
Forms and self-help. The Oregon Judicial Department's family law page on marriage, divorce, separation and annulment refers readers to OregonLawHelp.org for how annulment works. The OJD family law forms index does not list an annulment category, so ask the circuit court clerk or the court's family law facilitator which forms to use.
Children after an annulment in Oregon
ORS 106.190(1) provides: "The issue of marriages void under ORS 106.020 are legitimate." Under ORS 106.190(2), children of parents who married within six months after a judgment of divorce or a judgment declaring a marriage void in a case to which one of the parents was a party, or while an appeal from that judgment was pending, are also legitimate if the marriage is otherwise regular.
In the annulment judgment itself, the court may provide for custody, parenting time and child support (ORS 107.105(1)). See Oregon child custody laws.
Property and support after an annulment
Oregon gives the court the same toolkit in an annulment as in a divorce. ORS 107.105(1) begins: "Whenever the court renders a judgment of marital annulment, dissolution or separation, the court may provide in the judgment:" and goes on to list custody, parenting time, child support, spousal support, delivery of personal property, and a division of real and personal property "as may be just and proper in all the circumstances."
The judgment may also restore a spouse's name held before the marriage, and the court must order that change if the spouse asks (ORS 107.105(1)(h)).
While the case is pending, ORS 107.095(1) allows temporary orders, including support and the costs of the suit.
What an annulment judgment does
Under ORS 107.115(1), "A judgment of annulment or dissolution of a marriage restores the parties to the status of unmarried persons, unless a party is married to another person."
The same subsection also ties the judgment to other documents: it addresses revocation of a will under ORS 112.315, revocation of a transfer on death deed, and the end of an agent's or health care representative's authority under a power of attorney. Read ORS 107.115 and 112.315 for the exact scope of each, or ask an Oregon lawyer.
If a premarital agreement was signed, ORS 108.730 limits it when the marriage turns out to be void: such an agreement "is enforceable only to the extent necessary to avoid an inequitable result." This page does not cover whether Oregon courts give added protection to a spouse who married in good faith.
Annulment vs. divorce in Oregon
A divorce (called dissolution in Oregon) ends a valid marriage, mainly on the ground of irreconcilable differences under ORS 107.025(1). An annulment rests on a defect at the start: a prior living spouse, close kinship, lack of age or understanding, or force or fraud. ORS 107.015 lets a court enter either an annulment or a dissolution on its voidable grounds. For divorce grounds and residency, see Oregon divorce laws.
A church annulment and a court annulment are separate processes. If you are unsure whether you were legally married in the first place, see Oregon common-law marriage.
Disclaimer: This article provides general legal information about civil annulment under Oregon law, ORS chapters 106 and 107. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about a specific marriage, consult a lawyer licensed in Oregon or the circuit court's family law facilitator.
Related
- Annulment laws in every state
- Oregon divorce laws
- Oregon child custody laws
- Oregon common-law marriage
- Oregon marriage and divorce records
Last updated: 2026-10-08.
Frequently Asked Questions
What are the grounds for annulment in Oregon?
A marriage solemnized in Oregon is void under ORS 106.020 if a spouse had a living spouse or the parties are first cousins or closer kin. A court may also annul a marriage under ORS 107.015 for want of legal age or understanding, or consent obtained by force or fraud.
How long do you have to file for an annulment in Oregon?
ORS 106.030 and 107.015 do not set a filing deadline. ORS 107.015(2) bars an annulment on the voidable grounds if the marriage was afterward ratified, so ask an Oregon lawyer about timing in a specific case.
Do I have to live in Oregon for six months to get an annulment?
Not if the marriage took place in Oregon, either spouse lives in Oregon when the case starts, and the ground is one in ORS 106.020 or 107.015 (ORS 107.075(1)). Otherwise one spouse must have lived in Oregon for six months before filing (ORS 107.075(2)).
Can first cousins marry in Oregon?
No. ORS 106.020(2) makes a marriage between first cousins or nearer kin void if solemnized in Oregon, except where the parties are first cousins by adoption only.
Can a 17-year-old marry in Oregon?
Since January 1, 2026, SB 548 (2025 Oregon Laws chapter 224) has set the minimum marriage age at 18 and repealed the consent exception in ORS 106.060. Lack of legal age remains a ground for annulment under ORS 107.015(1)(a).
Can I get spousal support after an annulment in Oregon?
Yes, the court may order it. ORS 107.105(1) lets the court provide for spousal support, child support, custody and a property division in a judgment of marital annulment.
Are children legitimate after an annulment in Oregon?
ORS 106.190(1) provides that children of marriages void under ORS 106.020 are legitimate.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Oregon Revised Statutes, Chapter 107: Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention
§ 107.015Grounds for annulment or dissolution of marriageIn forcecited in 2 of our articles
(1) Except as provided in subsection (2) of this section, a judgment for the annulment or dissolution of a marriage may be rendered: (a) When either party to the marriage was incapable of making the marriage contract or consenting to the marriage for want of legal age or sufficient understanding; or (b) When the consent of either party was obtained by force or fraud. (2) A judgment for the annulment or dissolution of a marriage may not be rendered for a reason described in subsection (1) of this section if the marriage contract was afterward ratified.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2012
Opinions citing this section in our collection:
- Hunter v. Craft (Court of Appeals of Oregon 1978, 37 Or. App. 545)“…marriage to Louise Moon and the marriage is voidable under ORS 107.015. The trial court ruled the issue could…”
- Matter of Marriage of Denis (Court of Appeals of Oregon 1998, 153 Or. App. 655)“…07.005(1), 2 or only a voidable marriage under ORS 107.015. 3 Husband argues that onl…”
- In Re the Marriage of Berry (Court of Appeals of Oregon 2012, 247 Or. App. 651)“…ulment, separation, or dissolution. See, e.g., ORS 107.015(1) (describing grounds on which “a judg…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Oregon Divorce Laws (2026): Grounds, Residency, and Process
§ 107.005Annulment of void marriage; declaration of validity; effect of declarationIn forcecited in 2 of our articles
(1) A marriage may be declared void from the beginning for any of the causes specified in ORS 106.020; and, whether so declared or not, shall be deemed and held to be void in any action, suit or proceeding in which the marriage may come into question. (2) When either spouse claims or pretends that the marriage is void or voidable under the provisions of ORS 106.020, the marriage may at the suit of the other be declared valid or that the marriage was void from the beginning or that the marriage is void from the time of the judgment. (3) A marriage once declared valid by the judgment of a court having jurisdiction thereof, in a suit for that purpose, cannot afterward be questioned for the same cause directly or otherwise.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2001
Opinions citing this section in our collection:
- Matter of Marriage of Denis (Court of Appeals of Oregon 1998, 153 Or. App. 655)“…whether “marital annulment” includes a void marriage under ORS 107.005(1), 2 or only a voidable m…”
- In Re the Marriage of Crocker (Oregon Supreme Court 2001, 332 Or. 42)“…taken from all or part of a decree rendered in pursuance of ORS 107.005 to 107.085,107.095 to 107.174,107.405,…”
- Matter of Marriage of Nickerson (Oregon Supreme Court 1984, 296 Or. 516)“…part of a decree rendered in pursuance of the provisions of ORS 107.005 to 107.085,107.095,107.105,107.115 to 1…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Oregon: Is It Recognized? (2026)
§ 107.075Residence requirementsIn forcecited in 3 of our articles
(1) If the marriage was solemnized in this state and either party is a resident of or domiciled in the state at the time the suit is commenced, a suit for its annulment or dissolution may be maintained where the ground alleged is one set forth in ORS 106.020 or 107.015. (2) When the marriage was not solemnized in this state or when any ground other than set forth in ORS 106.020 or 107.015 is alleged, at least one party must be a resident of or be domiciled in this state at the time the suit is commenced and continuously for a period of six months prior thereto. (3) In a suit for separation, one of the parties must be a resident of or domiciled in this state at the time the suit is commenced. (4) Residence or domicile under subsection (2) or (3) of this section is sufficient to give the court jurisdiction without regard to the place where the marriage was solemnized or where the cause of suit arose.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Matter of Marriage of Pirouzkar (Court of Appeals of Oregon 1981, 51 Or. App. 519)“…ion for dissolution. The trial court determined that, under ORS 107.075, one of the parties to a dissolution pr…”
- In the Matter of the Marriage of Goode (Court of Appeals of Oregon 2000, 165 Or. App. 327)“…uires domicile of at least one of the spouses in the forum, ORS 107.075, Kelley v. Kelley, 183 O…”
- In re the Marriage of Ewald (Court of Appeals of Oregon 2012, 254 Or. App. 170)“…g the filing of the dissolution petition, as required under ORS 107.075(2). 2 Complicating matters, on April 1…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Legal Separation in Oregon: Grounds, Orders and Divorce Conversion
§ 107.105Provisions of judgmentIn forcecited in 6 of our articles
(1) Whenever the court renders a judgment of marital annulment, dissolution or separation, the court may provide in the judgment: (a) For the future care and custody, by one party or jointly, of all minor children of the parties born, adopted or conceived during the marriage and for minor children born to the parties prior to the marriage, as the court may deem just and proper under ORS 107.137. The court may hold a hearing to decide the custody issue prior to any other issues. When appropriate, the court shall recognize the value of close contact with both parents and encourage joint parental custody and joint responsibility for the welfare of the children. (b) For parenting time rights of the parent not having custody of such children and for visitation rights pursuant to a petition filed under ORS 109.119. When a parenting plan has been developed as required by ORS 107.102, the court shall review the parenting plan and, if approved, incorporate the parenting plan into the court’s final order. When incorporated into a final order, the parenting plan is determinative of parenting time rights.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 865 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- In Re the Dissolution of the Marriage of Grove (Oregon Supreme Court 1977, 280 Or. 341)“…s to address the following questions in argument: 1. ORS 107.105 (1) (c) defines certain factors which a…”
- In Re Marriage of Kunze (Oregon Supreme Court 2004, 337 Or. 122)“…n is whether a “just and proper” division of property under ORS 107.105(1)(f) (1997), set out post,…”
- Matter of Marriage of Pierson (Oregon Supreme Court 1982, 294 Or. 117)“…manner which is "just and proper in all the circumstances," ORS 107.105(1)(e). We extensively discussed our rev…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Oregon Spousal Support (Alimony) Laws: How It Works (2026), Oregon Name Change Laws: No Publication, a Flat $124 Fee, and No Criminal Bar, Oregon Emancipation Laws: How to Get Emancipated in Oregon (2026)
Oregon Revised Statutes, Chapter 106: Marriage; Domestic Partnership
§ 106.020Prohibited and void marriagesIn forcecited in 3 of our articles
The following marriages are prohibited; and, if solemnized within this state, are absolutely void: (1) When either party thereto had a spouse living at the time of the marriage. (2) When the parties thereto are first cousins or any nearer of kin to each other, whether of the whole or half blood, whether by blood or adoption, computing by the rules of the civil law, except that when the parties are first cousins by adoption only, the marriage is not prohibited or void. [Amended by 1989 c.647 §1; 2015 c.629 §7]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Matter of Estate of Davis (Court of Appeals of Oregon 1982, 55 Or. App. 982)“…arried to his first wife at the time he married petitioner, ORS 106.020, and, therefore, denied her petition. S…”
- State v. Anderson (Oregon Supreme Court 1964, 239 Or. 200)“…part upon other Nevada statutes which, like that of Oregon, ORS 106.020, enumerate such obstacles to marriage a…”
- Kuang v. Kuang (Court of Appeals of Oregon 2024, 336 Or. App. 168)“…erred when it removed her as personal representative. See ORS 106.020(1) (prohib- iting marriages where “eith…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Oregon Marriage License Requirements 2026: Fees, Wait and Waiver
§ 106.030Voidable marriagesIn force
When either party to a marriage is incapable of making such contract or consenting thereto for want of legal age or sufficient understanding, or when the consent of either party is obtained by force or fraud, such marriage shall be void from the time it is so declared by judgment of a court having jurisdiction thereof. [Amended by 2003 c.576 §372]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
§ 106.190Legitimacy of issue of certain imperfect marriagesIn force
(1) The issue of marriages void under ORS 106.020 are legitimate. (2) All children conceived or born of parents who married or who may hereafter marry prior to the expiration of six months from the date of a judgment of divorce or declaring a marriage void rendered in a suit to which one of the parents was a party or during the period of an appeal from such a judgment, if the marriage is in all other respects regular, are legitimate. [Amended by 2003 c.576 §373]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
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Sources and References
- Oregon Revised Statutes chapter 107 (ORS 107.005, 107.015, 107.025, 107.036, 107.075, 107.085, 107.095, 107.105, 107.115)(oregonlegislature.gov).gov
- Oregon Revised Statutes chapter 106 (ORS 106.010, 106.020, 106.030, 106.190)(oregonlegislature.gov).gov
- Oregon SB 548 (2025 Regular Session), enrolled text, 2025 Oregon Laws chapter 224(olis.oregonlegislature.gov).gov
- 2025 Oregon Laws chapter 224 (SB 548), session law with effective date January 1, 2026(oregonlegislature.gov).gov
- Oregon Judicial Department, Family Law: Marriage, Divorce, Separation, and Annulment(courts.oregon.gov).gov
- Oregon Judicial Department, Family Law Forms(courts.oregon.gov).gov
- Oregon Revised Statutes chapter 108 (ORS 108.730)(oregonlegislature.gov).gov