bbaker said:
I got married on the 4th of July, 2000 in Oregon, I found out in November of 2000 that my husband was already married to someone here in oregon and that he also has a serious drug problem, in which he had been lying to me about. He is now going thru drug court for his problem after being arrested on numerious occasions, and is on probation. but I would like to know what I can do here. I want it to be like we never even got married. I am really lost here and am having trouble finding information online. What can I do? And does he have to pay for it? HELP PLEASE!!
My response:
You're looking for the words "Annulment" and the word "Bigamy". Bigamy is an excellent ground for an annulment. Good luck getting your money from a druggy.
Here's the Oregon laws for your review; at least, you'll be better prepared to discuss your matter with an attorney after you read all of the following.
163.515 Bigamy. (1) A person commits the crime of bigamy if the person knowingly marries or purports to marry another person at a time when either is lawfully married.
(2) Bigamy is a Class C felony. [1971 c.743 s.171]
136.655 Husband or wife as witness. (1) Except as provided in subsection (2) of this section, in all criminal actions in which the husband is the party accused, the wife is a competent witness and when the wife is the party accused, the husband is a competent witness; but neither husband nor wife in such cases shall be compelled or allowed to testify in such cases, except as provided in ORS 40.255.
(2) There is no privilege under this section, or under ORS 40.255 in all criminal actions in which one spouse is charged with bigamy or with an offense or attempted offense against the person or property of the other spouse or of a child of either, or with an offense against the person or property of a third person committed in the course of committing or attempting to commit an offense against the other spouse. [Formerly 139.320; 1979 c.721 s.1; 1981 c.892 s.89]
107.005 Annulment of void marriage; declaration of validity; effect of declaration. (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 it may come into question.
(2) When either husband or wife claims or pretends that the marriage is void or voidable under the provisions of ORS 106.020, it may at the suit of the other be declared valid or that it was void from the beginning or that it is void from the time of the decree.
(3) A marriage once declared valid by the decree of a court having jurisdiction thereof, in a suit for that purpose, cannot afterward be questioned for the same cause directly or otherwise. [1971 c.280 s.7]
107.015 Grounds for annulment or dissolution of marriage.
The annulment or dissolution of a marriage may be decreed for the following causes:
(1) When either party to the marriage was incapable of making such contract or consenting thereto for want of legal age or sufficient understanding;
(2) When the consent of either party was obtained by force or fraud;provided that in the situations described in subsection (1) or (2) of this section the contract was not afterward ratified. [1971 c.280 s.8]
107.025 Irreconcilable differences as grounds for dissolution or separation.
(1) The dissolution of a marriage or a permanent or unlimited separation may be decreed when irreconcilable differences between the parties have caused the irremediable breakdown of the marriage.
(2) Separation may be decreed when:
(a) Irreconcilable differences between the parties have caused a temporary or unlimited breakdown of the marriage;
(b) The parties make and file with the court an agreement suspending for a period not less than one year their obligation to live together as husband and wife, and the court finds such agreement to be just and equitable; or
(c) Irreconcilable differences exist between the parties and the continuation of their status as married persons preserves or protects legal, financial, social or religious interest. [1971 c.280 s.9; 1973 c.502 s.1]
107.036 Doctrines of fault and in pari delicto abolished; evidence admissible not to include fault; decree.
(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.
(2) The court shall not receive evidence of specific acts of misconduct, excepting where child custody is an issue and such evidence is relevant to that issue, or excepting at a hearing when the court finds such evidence necessary to prove irreconcilable differences.
(3) In dividing, awarding and distributing the real and personal property (or both) of the parties (or either of them) between the parties, or in making such property or any of it subject to a trust, and in fixing the amount and duration of the contribution one party is to make to the support of the other, the court shall not consider the fault, if any, of either of the parties in causing grounds for the annulment or dissolution of the marriage or for separation.
(4) Where satisfactory proof of grounds for the annulment or dissolution of a marriage or for separation has been made, the court shall not award a decree to either party but shall only decree the annulment or dissolution of the marriage or for separation. A decree of separation shall state the duration of the separation. [1971 c.280 s.10; 1973 c.502 s.2]
107.046 Appearance by public official. The district attorney, or in appropriate cases the Support Enforcement Division, shall appear in any suit for the annulment or dissolution of a marriage or for separation when requested by the court. [1971 c.280 s.4; 1973 c.502 s.3; 1979 c.482 s.1]
107.055 Appearance by respondent; affirmative defenses abolished. The respondent shall not be required to answer a petition for annulment or dissolution of a marriage or for separation except by filing a general appearance or a general appearance with counterclaims relating to matters other than the grounds for annulment, dissolution or separation. Affirmative defenses are abolished. [1971 c.280 s.11; 1973 c.502 s.4]
107.065 Waiting period in dissolution suit; waiver.
(1) Except as provided in ORS 107.095 and in subsection (2) of this section, no trial or hearing on the merits in a suit for the dissolution of a marriage shall be had until after the expiration of 90 days from the date of:
(a) The service of the summons and petition upon the respondent; or
(b) The first publication of summons.
(2) The court may in its discretion, on written motion supported by affidavit setting forth grounds of emergency or necessity and facts which satisfy the court that immediate action is warranted or required to protect the rights or interest of any party or person who might be affected by a final decree or order in the proceedings, hold a hearing and grant a decree dissolving the marriage prior to the expiration of the waiting period. In such case the grounds of emergency or necessity and the facts with respect thereto shall be found and recited in the decree. [1971 c.280 s.6; 1979 c.284 s.99]
107.075 Residence requirements. (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. [1971 c.280 s.5; 1973 c.502 s.5]
107.085 Petition; title; content; other required information. (1) A suit for marital annulment, dissolution or separation shall be entitled: "IN THE MATTER OF THE MARRIAGE OF (names of parties): PETITION FOR (ultimate relief sought)." The moving party shall be designated as the "Petitioner" and the other party the "Respondent." Nothing in this section shall preclude both parties from acting as "Copetitioners."
107.089 Documents parties in suit must furnish to each other under certain circumstances; effect of failure to furnish. (1) If served with a copy of this section as provided in ORS 107.088, each party in a suit for legal separation or for dissolution shall provide to the other party copies of the following documents in their possession or control:
(a) All federal and state income tax returns filed by either party for the last three calendar years;
(b) If income tax returns for the last calendar year have not been filed, all W-2 statements, year-end payroll statements, interest and dividend statements and all other records of income earned or received by either party during the last calendar year;
(c) All records showing any income earned or received by either party for the current calendar year;
(d) All financial statements, statements of net worth and credit card and loan applications prepared by or for either party during the last two calendar years;
(e) All documents such as deeds, real estate contracts, appraisals and most recent statements of assessed value relating to real property in which either party has any interest;
(f) All documents showing debts of either party, including the most recent statement of any loan, credit line or charge card balance due;
(g) Certificates of title or registrations of all automobiles, motor vehicles, boats or other personal property registered in either party's name or in which either party has any interest;
(h) Documents showing stocks, bonds, secured notes, mutual funds and other investments in which either party has any interest;
(i) The most recent statement describing any retirement plan, IRA pension plan, profit-sharing plan, stock option plan or deferred compensation plan in which either party has any interest; and
(j) All financial institution or brokerage account records on any account in which either party has had any interest or signing privileges in the past year, whether or not the account is currently open or closed.
(2)(a) Except as otherwise provided in paragraph (b) of this subsection, the party shall provide the information listed in subsection (1) of this section to the other party no later than 30 days after service of a copy of this section.
(b) If a support hearing is pending fewer than 30 days after service of a copy of this section on either party, the party upon whom a copy of this section is served shall provide the information listed in subsection (1)(a) to (d) of this section no later than three judicial days before the hearing.
(3)(a) If a party does not provide information as required by subsections (1) and (2) of this section, the other party may apply for a motion to compel as provided in ORCP 46.
(b) Notwithstanding ORCP 46 A(4), if the motion is granted and the court finds that there was willful noncompliance with the requirements of subsections (1) and (2) of this section, the court shall require the party whose conduct necessitated the motion or the party or attorney advising the action, or both, to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney fees.
(4) If a date for a support hearing has been set and the information listed in subsection (1)(a) to (d) of this section has not been provided as required by subsection (2) of this section:
(a) By the obligor, the judge shall postpone the hearing, if requested to do so by the obligee, and provide in any future order for support that the support obligation is retroactive to the date of the original hearing; or
(b) By the obligee, the judge shall postpone the hearing, if requested to do so by the obligor, and provide that any support ordered in a future hearing may be prospective only.
(5) The provisions of this section do not limit in any way the discovery provisions of the Oregon Rules of Civil Procedure or any other discovery provision of Oregon law. [1995 c.800 s.5; 1997 c.631 s.402; 1997 c.707 s.33]
107.095 Provisions court may make by order after commencement of suit and before decree. (1) After the commencement of a suit for marital annulment, dissolution or separation and until a decree therein, the court may provide as follows:
(a) That a party pay to the clerk of the court such amount of money as may be necessary to enable the other party to prosecute or defend the suit, including costs of expert witnesses, and also such amount of money to the Department of Human Resources, court clerk or court administrator, whichever is appropriate, as may be necessary to support and maintain the other party.
(b) For the care, custody, support and maintenance, by one party or jointly, of the minor children as described in ORS 107.105 (1)(a) and for the parenting time rights as described in ORS 107.105 (1)(b) of the parent not having custody of such children.
(c) For the restraint of a party from molesting or interfering in any manner with the other party or the minor children.
(d) That if minor children reside in the family home and the court considers it necessary for their best interest to do so, the court may require either party to move out of the home for such period of time and under such conditions as the court may determine, whether the home is rented, owned or being purchased by one party or both parties.
(e) Restraining and enjoining either party or both from encumbering or disposing of any of their property, real or personal, except as ordered by the court.
(f) For the temporary use, possession and control of the real or personal property of the parties or either of them and the payment of installment liens and encumbrances thereon.
(g) That even if no minor children reside in the family home, the court may require one party to move out of the home for such period of time and under such conditions as the court determines, whether the home is rented, owned or being purchased by one party or both parties if that party assaults or threatens to assault the other.
(2) In case default is made in the payment of any moneys falling due under the terms of an order pending suit, any such delinquent amount shall be entered and docketed as a judgment, and execution or garnishment may issue thereon to enforce payment thereof in the same manner and with like effect as upon a final decree. The remedy provided in this subsection shall be deemed cumulative and not exclusive.
(3) The court shall not require an undertaking in case of the issuance of an order under subsection (1)(c), (d), (e), (f) or (g) of this section.
(4) In a suit for annulment or dissolution of marriage or for separation, wherein the parties are copetitioners or the respondent is found by the court to be in default or where respondent having appeared has waived further appearance, the court may, when the cause is otherwise ready for hearing on the merits, in lieu of such hearing, enter a decree of annulment or dissolution or for separation based upon a current affidavit of the petitioner or copetitioners, setting forth a prima facie case, and covering such additional matters as the court may require. If child support or custody of minor children is involved, then the affidavit also shall include:
(a) The gross monthly income of each party, to the best of the affiant's knowledge; and
(b) The name of the party with whom the children currently reside and the length of time they have so resided. [1971 c.280 s.12; 1973 c.502 s.7; 1977 c.205 s.1; 1977 c.847 s.1; 1977 c.878 s.1a; 1979 c.86 s.1; 1981 c.668 s.1; 1987 c.873 s.27; 1987 c.885 s.1; 1991 c.82 s.1; 1993 c.223 s.4; 1993 c.716 s.2; 1997 c.707 s.5]
107.095. (1) After the commencement of a suit for marital annulment, dissolution or separation and until a decree therein, the court may provide as follows:
(a) That a party pay to the clerk of the court such amount of money as may be necessary to enable the other party to prosecute or defend the suit, including costs of expert witnesses, and also such amount of money to the Department of Justice, court clerk or court administrator, whichever is appropriate, as may be necessary to support and maintain the other party.
(b) For the care, custody, support and maintenance, by one party or jointly, of the minor children as described in ORS 107.105 (1)(a) and for the parenting time rights as described in ORS 107.105 (1)(b) of the parent not having custody of such children.
(c) For the restraint of a party from molesting or interfering in any manner with the other party or the minor children.
(d) That if minor children reside in the family home and the court considers it necessary for their best interest to do so, the court may require either party to move out of the home for such period of time and under such conditions as the court may determine, whether the home is rented, owned or being purchased by one party or both parties.
(e) Restraining and enjoining either party or both from encumbering or disposing of any of their property, real or personal, except as ordered by the court.
(f) For the temporary use, possession and control of the real or personal property of the parties or either of them and the payment of installment liens and encumbrances thereon.
(g) That even if no minor children reside in the family home, the court may require one party to move out of the home for such period of time and under such conditions as the court determines, whether the home is rented, owned or being purchased by one party or both parties if that party assaults or threatens to assault the other.
(2) In case default is made in the payment of any moneys falling due under the terms of an order pending suit, any such delinquent amount shall be entered and docketed as a judgment, and execution or garnishment may issue thereon to enforce payment thereof in the same manner and with like effect as upon a final decree. The remedy provided in this subsection shall be deemed cumulative and not exclusive.
(3) The court shall not require an undertaking in case of the issuance of an order under subsection (1)(c), (d), (e), (f) or (g) of this section.
(4) In a suit for annulment or dissolution of marriage or for separation, wherein the parties are copetitioners or the respondent is found by the court to be in default or where respondent having appeared has waived further appearance, the court may, when the cause is otherwise ready for hearing on the merits, in lieu of such hearing, enter a decree of annulment or dissolution or for separation based upon a current affidavit of the petitioner or copetitioners, setting forth a prima facie case, and covering such additional matters as the court may require. If child support or custody of minor children is involved, then the affidavit also shall include:
(a) The gross monthly income of each party, to the best of the affiant's knowledge; and
(b) The name of the party with whom the children currently reside and the length of time they have so resided.
107.097 Ex parte temporary custody or parenting time orders prohibited; temporary protective order of restraint allowed; hearing; form. (1) Except as otherwise provided in subsection (3) of this section, a court may not enter ex parte a temporary order under ORS 107.095, 109.103 or 109.119 providing for the custody of, or parenting time with, a child.
(2)(a) A party may apply to a court for a temporary protective order of restraint by filing with the court an affidavit conforming to the requirements of ORS 109.790.
(b) Upon receipt of an application under this subsection, the court may issue a temporary protective order of restraint restraining and enjoining each party from:
(A) Changing the child's usual place of residence;
(B) Interfering with the present placement and daily schedule of the child;
(C) Hiding or secreting the child from the other party;
(D) Interfering with the other party's usual contact and parenting time with the child;
(E) Leaving the state with the child without the written permission of the other party or the permission of the court; or
(F) In any manner disturbing the current schedule and daily routine of the child until custody or parenting time has been determined.
(c) A copy of the order and the supporting affidavit must be served on the other party in the manner of service of a summons under ORCP 7. The order must include the following statement:
____________________________________
Notice: You may request a hearing on this order as long as it remains in effect by filing with the court a hearing request in the form described in ORS 107.097 (5).
____________________________________
(3)(a) A court may enter ex parte a temporary order providing for the custody of, or parenting time with, a child if:
(A) The party requesting an order is present in court and presents an affidavit alleging that the child is in immediate danger; and
(B) The court finds, based on the facts presented in the party's testimony and affidavit and in the testimony of the other party, if the other party is present, that the child is in immediate danger.
(b) The party requesting an order under this subsection shall provide the court with telephone numbers where the party can be reached at any time during the day and a contact address.
(c) A copy of the order and the supporting affidavit must be served on the other party in the manner of service of a summons under ORCP 7. The order must include the following statement:
____________________________________
Notice: You may request a hearing on this order as long as it remains in effect by filing with the court a hearing request in the form described in ORS 107.097 (5).
____________________________________
(4)(a) A party against whom an order is entered under subsection (2) or (3) of this section may request a hearing by filing with the court a hearing request form described in subsection (5) of this section at any time while the order is in effect.
(b) The court shall make reasonable efforts to hold a hearing within 14 days and shall hold a hearing no later than 21 days after receipt of the request for the hearing. The court shall notify each party of the time, date and place of the hearing.
(c) An order issued under subsection (2) or (3) of this section remains in effect through the date of the hearing. If the party against whom the order was entered fails to appear at the hearing without good cause, the court shall continue the order in effect. If the party who obtained the order fails to appear at the hearing without good cause, the court shall vacate the order.
(d) The issue at a hearing to contest:
(A) A temporary protective order of restraint is limited to a determination of the status quo at the time the order was issued. If the child's usual place of residence cannot be determined, the court may make any further order the court finds appropriate in the best interests of the child.
(B) A temporary order for the custody of, or parenting time with, a child is limited to whether the child was in immediate danger at the time the order was issued.
(5) The hearing request form must be in substantially the following form:
____________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF _______
_____________________________, )
PETITIONER, ) NO.____
)
) REQUEST FOR
and ) HEARING
)
_______, )
Respondent. )
I request a hearing.
___ I object to the Protective Order of Restraint because I disagree with the representation of the status quo in the following particulars:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
___ I object to the Temporary Custody and Parenting Time Order on the ground that the child was not in immediate danger at the time the order was issued.
________________________________
Signature
DATE:________________________________
ADDRESS:________________________________
________________________________
TELEPHONE:________________________________
____________________________________
(6) As used in this section:
(a) "Child's usual place of residence" has the meaning given that term in ORS 107.138.
(b) "Party's usual contact and visitation," "present placement and daily schedule of the child" and "current schedule and daily routine of the child" have the meanings given "parent's usual contact and visitation," "present placement and daily schedule of the child" and "current schedule and daily routine of the child" in ORS 107.138. [1995 c.792 s.1; 1997 c.136 s.1; 1997 c.386 s.3; 1997 c.707 s.6]
