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Oregon Revised Statutes

Or. Rev. Stat. § 107.005 (2026)

Annulment of void marriage; declaration of validity; effect of declaration

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      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 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. [1971 c.280 §7; 2003 c.576 §102; 2015 c.629 §11]

 

      107.010 [Repealed by 1971 c.280 §28]

Notes of Decisions
Cited in 13 cases, 1975–2001 · leading case: In Re the Marriage of Crocker, 22 P.3d 759 (Or. 2001).
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In Re the Marriage of Crocker, 22 P.3d 759 (Or. 2001). ““(a) After the commencement of a suit for annulment or dissolution of a marriage or for separation from bed and board and before the decree therein; “(b) In a decree of annulment or dissolution of a marriage or of separation from bed and board; and “(c) During the pendency of an…”
Dyer v. Tsapis, 249 S.E.2d 509 (W. Va. 1978). “[1971]; Or. Rev. Stat. § 107.005 et. seq. [1957].”
Matter of Marriage of Nickerson, 678 P.2d 730 (Or. 1984). “105(4) provided: “If an appeal is taken from a decree of annulment or dissolution of marriage or of separation or from any part of a decree rendered in pursuance of the provisions of ORS 107.005 to 107.085,107.095,107.105,107.”
Matter of Marriage of Eusterman, 598 P.2d 1274 (Or. Ct. App. 1979). “f a child attending school: *721 "(a) After the commencement of a suit for annulment or dissolution of a marriage or for separation from bed and board and before the decree therein; "(b) In a decree of annulment or dissolution of a marriage or of separation from bed and board;…”
Matter of Marriage of Crocker, 971 P.2d 469 (Or. Ct. App. 1998). “nce of a child attending school: “(a) After the commencement of a suit for annulment or dissolution of a marriage or for separation from bed and board and before the decree therein; “(b) In a decree of annulment or dissolution of a marriage or of separation from bed and board;…”
In Re the Dissolution of the Marriage of Libby, 541 P.2d 1077 (Or. Ct. App. 1975). · cites it 2× “However, at any time within the 60-day period or while an appeal is pending, the court may set aside the decree upon motion of both parties. "(5) A decree declaring a marriage void or dissolved shall specify the date on which the decree becomes finally effective to terminate the…”
Matter of Marriage of Denis, 958 P.2d 199 (Or. Ct. App. 1998). · cites it 4× “It does not answer whether a void marriage is within ORS 107.105. As the question is one of statutory construction, it is to be answered by first examining the text and context.”
In re the Marriage of Riback, 651 P.2d 1089 (Or. Ct. App. 1982). “nce of a child attending school: “(a) After the commencement of a suit for annulment or dissolution of a marriage or for separation from bed and board and before the decree therein; “(b) In a decree of annulment or dissolution of a marriage or of separation from bed and board;…”
In the Matter of the Marriage of Goode, 997 P.2d 244 (Or. Ct. App. 2000). “2 See ORS 107.005(1) (“A marriage maybe declared void from the beginning for any of the causes specified in ORS 106.”
State Ex Rel. Wick v. Wick, 586 P.2d 400 (Or. Ct. App. 1978). “nce of a child attending school: "(a) After the commencement of a suit for annulment or dissolution of a marriage or for separation from bed and board and before the decree therein; "(b) In a decree of annulment or dissolution of a marriage or of separation from bed and board;…”
Werden v. Thorpe, 867 P.2d 557 (Or. Ct. App. 1994). “” ORS 107.005(1) sets out the right of a third party to challenge a void marriage: “A marriage may be declared void from the beginning for any of the causes specified in ORS 106.”
In re the Marriage of Christiansen, 984 P.2d 371 (Or. Ct. App. 1999). “nce of a child attending school: “(a) After the commencement of a suit for annulment or dissolution of a marriage or for separation from bed and board and before the decree therein; “(b) In a decree of annulment or dissolution of a marriage or of separation from bed and board;…”
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— Or. Rev. Stat. § 107.005(1) — 3 cases
Matter of Marriage of Denis, 958 P.2d 199 (Or. Ct. App. 1998). “It does not answer whether a void marriage is within ORS 107.105. As the question is one of statutory construction, it is to be answered by first examining the text and context.”
In the Matter of the Marriage of Goode, 997 P.2d 244 (Or. Ct. App. 2000). “2 See ORS 107.005(1) (“A marriage maybe declared void from the beginning for any of the causes specified in ORS 106.”
Werden v. Thorpe, 867 P.2d 557 (Or. Ct. App. 1994). “” ORS 107.005(1) sets out the right of a third party to challenge a void marriage: “A marriage may be declared void from the beginning for any of the causes specified in ORS 106.”
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