Annulments in Washington State

Divorce and legal separation are the most common options that people cull for dissolving their marriages. However, there are situations where one or both spouses may decide to pursue an annulment, ofttimes for social or religious reasons. Unfortunately, annulments are not bachelor for everyone or in every situation. In order to make an informed conclusion, you need to sympathise what makes this option unique. To talk over whether an annulment is correct for you, a Seattle divorce attorney can provide you with the guidance yous need.

Couple considers a marriage annulment

Annulments vs. Divorce in Washington Country

While both divorces and annulments dissolve a matrimony, an disparateness is unique in that at its conclusion your marriage is alleged invalid. In other words, the court is ruling that you were never validly married. For this reason, an annulment is obtained in Washington State by filing a petition seeking a Proclamation of Invalidity.

It is of import to annotation that annulments are available in Washington in just very specific circumstances. If you lot believe that your wedlock was invalid from the start, you lot may want to discuss with a divorce attorney whether your case would qualify for a  Declaration of Invalidity. You lot can still seek a divorce even if an annulment is not an option for you.

Why People Pursue an Disparateness

There are many reasons why people might pursue an annulment, but they are typically for social or religious reasons every bit mentioned above. While many religions support divorce and remarriage, there are even so others that may crave someone to have their marriage annulled before they tin can remarry.

For social reasons, some context may be helpful – near of the annulments that are granted involve marriages that have lasted less than a year. While the legal effect of an annulment may appear to exist the same as that of a divorce, some prefer the closure that comes with having their spousal relationship declared to be legally invalid.

The Disparateness Process

The annulment process begins with filing a "Petition to Invalidate Marriage" in the Superior Court of the county where you or your spouse resides. Your petition will contain some of your basic data such every bit the engagement and location of your spousal relationship, the names and birth dates of your children, and the date you lot last lived together. More than importantly, your petition will likewise need to state the specific grounds upon which y'all are seeking an disparateness. Your petition should too lay out all issues that y'all desire to be decided by the court such as child custody , spousal back up , and the division of holding . Once filed, you will demand to serve a re-create on your spouse. Declining to serve them with a re-create will prevent your case from moving forward.

At the time of trial, y'all will need to prove your case by submitting prove supporting the grounds for your annulment. You may be represented by counsel and you may call witnesses. Your spouse will also have an opportunity to be heard and submit evidence.

At the conclusion of trial, the court may declare your marriage to be invalid if the guess feels that y'all have proven your case. The court may and so rule on any other matters such as custody or the sectionalisation of property.

If the judge does not believe yous accept proven your case, the court will deny your petition and divorce volition be your just other option for dissolving the marriage.

While information technology may sound elementary, the annulment procedure can be complex. And while the judge may give some leeway to people representing themselves, they will look you to submit adequate evidence to support your claim that the spousal relationship should be alleged invalid. In brusk, they won't simply accept your word for it. For these reasons, we recommend that you speak with a Seattle divorce attorney earlier starting the procedure.

Grounds for Disparateness

Contrary to popular belief, yous do non need to "bear witness" anything in a divorce such as adultery. Annulments are different – In Washington State, you must prove one of the following grounds in lodge to obtain an Invalid Marriage Social club (Annulment Decree):

  • Underage – one or both spouses were under the age of xviii at the time they were married (or at least 17 with parental consent)
  • Bigamy – i or both spouses are legally married to or in a domestic partnership with another person
  • Incest – the wedlock is between spouses related to a degree closer than second cousins
  • Fraud – one spouse defrauded the other concerning something essential to the wedlock
  • Incompetence – due to insanity, intoxication, or another reason, one spouse was unable to give valid consent to the marriage
  • Forcefulness – 1 spouse consented to the marriage due to threats of physical violence
  • Duress – one spouse was coerced into consenting to the union

If you cannot bear witness that your matrimony was invalid for ane of the reasons above, you volition not be able to pursue an annulment. Many people think they may qualify for an annulment under fraud or duress, merely we circumspection you that these grounds are interpreted narrowly. Regardless, whether or not yous qualify for an annulment volition depend on the facts and circumstances specific to your case. A Seattle divorce attorney can review your situation and make up one's mind whether y'all may qualify for an annulment.

Cohabitation and Other Factors

Unlike divorce, living with your spouse tin can jeopardize your ability to obtain an annulment.  For example, if y'all were underage when y'all got married, continuing to alive with your spouse later on turning 18 could disqualify y'all from seeking a Declaration of Invalidity. Similarly, if you were incapacitated at the time you lot were married, continuing to live with your spouse in one case you would exist able to validly give consent may mean that you cannot successfully seek an annulment.

In cases involving force or duress, the force or duress must have existed at the fourth dimension of the spousal relationship and been a condition upon which you consented to the marriage. In other words, threats of physical harm that arose afterwards the wedlock exercise not entitle you to an annulment. And again, y'all may not be able to seek an annulment if you keep to live with your spouse once you are no longer threatened.

Annulments involving fraud tin can be complicated because the fraud must exist something "essential" to the union. For example, concealing a venereal disease or that your spouse was unable to engage in sexual intercourse would probable be considered valid bases for an annulment. However, in one case discovered, you lot could harm your case if y'all continue to live with your spouse.

If you suspect that your marriage may exist invalid for any of the reasons we have discussed, the all-time thing yous can do is talk to a Seattle divorce attorney as soon every bit possible. They tin can determine whether you accept grounds for an disparateness and provide guidance as to what steps you need to take next.

Considering an Annulment? Contact a Seattle Divorce Attorney Today

At Seattle Divorce Services, we empower our clients to move forward at some of the most difficult times in their lives. We do this by helping them sympathise their options and helping them make informed decisions. If yous are considering an disparateness and need some communication, contact u.s. at 206-784-3049 to brand an date today.