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Family Law:
Legal Separation & Annulment
The
process for obtaining a legal separation or an annulment through ASUO
Legal Services is similar to Dissolution of Marriage, except that the
court filing fee for filing a Petition for Legal Separation/Annulment
is $330, and there is no 90-day waiting period. Our $30 document
preparation fee is the same for dissolution, separation and annulment
proceedings. You will only be required to wait 30 days from the date
your spouse signs the Acceptance of Service (or is personally served)
before a judge will sign the judgment of separation or annulment,
assuming your spouse does not file a formal response to your petition.
Click here for things to keep in mind if you anticipate filing for a
separation or annulment.
The court has authority to address all of the same issues in a
separation as it could in a divorce case including custody and
visitation of children, child support, spousal support, division of
property and debt and other related matters. The main difference
between dissolution of marriage and legal separation proceedings is
that after a judgment of separation the parties remain married for all
purposes including eligibility for health insurance.
Oregon is a "no-fault" state, which means that a judgment of separation
will be granted even if one party doesn't wish to be legally separated.
A legal separation would continue your married status and protect your
legal, financial, social or religious interests. A judgment of legal
separation may be granted on a limited or unlimited basis. A limited
separation lasts a specified period of time, i.e., one or two years. An
unlimited separation lasts until further order of the court, whether
that is months, years or decades.
A legal separation may be converted to a divorce anytime before the
expiration of two years from the entry of a judgment of legal
separation with no extra filing fee. A legal separation may be
converted to a divorce later than two years after the judgment of legal
separation but you will have to pay another court filing fee.
A judgment of annulment cancels the marriage, almost as though it never
occurred. Many people incorrectly believe that annulment is available
when the marriage is of very short duration or if the parties have not
yet consummated the marriage. Under Oregon law you must meet one of the
following narrow qualifications in order to be eligible for an
annulment:
Either
party to the marriage was incapable of making such contract or
consenting to the marriage for want of legal age or sufficient
understanding; or
The consent of either party was obtained by force or fraud.
Occasionally,
a procedural defect in the way the marriage was
officiated or witnessed, for example, might provide a basis for an
annulment. However, Oregon's marriage laws are written to err on the
side of validating rather than invalidating the marriage when there is
a defect in the way the marriage was performed.
This
information is not intended to provide legal advice. Any
incidental fee-paying University of Oregon student who has questions
about legal separation or annulment may call ASUO Legal Services at
346-4273 to arrange an appointment.
ASUO Legal Services' attorneys are licensed to practice in
the State of Oregon. Information disseminated in this website does not
constitute legal advice and does not create an attorney/client
relationship. This page is for information purposes only. For legal
advice, contact an attorney licensed in your state. You should not make
legal hiring decisions based upon brochures, advertising or other
promotional materials.
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