In Oregon, clients are often unsure about the differences between divorce, separation, and annulment. Each has its place and purpose, but all are different. It is therefore important that one not take any action before knowing and understanding how each works. Although divorce is the most popular and pervasive option, separation and annulment may have their place, given certain circumstances. As a Portland divorce attorney, it is important to know when to recommend each. This website is designed to explain the basics of each so you can differentiate each and their purposes.
Divorce
Divorce (or dissolution of marriage as it is properly known) is the termination through a legal process of a valid marriage. When parties no longer wish to be married, they may end their marriage and all duties and pursuant rights by undergoing a divorce. There are many variety of divorces, from summary dissolution to a fully contested divorce, but each ends the same way, with the legal dissolution of the marriage. If you are a party to a valid marriage and you want out, divorce is typically the best option in Oregon. This decision must follow one or both parties' deciding that there has been an irremediable breakdown in the marriage. A good divorce attorney Portland Oregon practitioner, should be able to counsel you as to whether you meet this standard. This may be because of domestic abuse followed by a divorce and restraining order or perhaps the parties simply no longer love each other.
Separation
Separation is the suspension of married persons' duty to cohabitate together. This may take place for a number of reasons, including a trial separation to see if parties really wish to get divorced or not. Another reason parties may wish to get separated is because they want a de facto divorce but they do not wish to terminate certain rights that the parties enjoy under marriage, like health benefits, taxes, etc. Yet another reason persons might consider separation is because they have some religious objection to divorce. A Portland divorce lawyer will likely tell you that separation can be a dangerous alternative to divorce, however, because both parties remain free to accumulate marital debts for which the other party would remain liable.
Annulment
Annulment is the invalidation of a void marriage. Typically, persons can get a marriage annulled if the marriage was obtained by force or duress, or if one of the parties could not consent to the marriage due to being underage or otherwise incapacitated. Yet another reason for an annulment is if one of the parties was already married or if the parties are close blood relatives. Annulment will typically not be an option for most persons seeking to end a marriage, but is a particularly effective remedy if available because it totally invalidates the marriage altogether, meaning that the marriage never enjoyed legal status.