What is an Annulment?
Those who wish to get an annulment generally seek the option because it’s a legal process that dissolves a marriage and makes it seem like it never existed. In Washington, an annulment is typically referred to as a Declaration of Invalidity.
Annulments in Washington are only granted to those who meet specific criteria, so they are less common than one may think. The final portion of the process legally deems the marriage invalid and erases it.
What Are Acceptable Grounds for an Annulment?
By legally deeming the marriage invalid from the beginning, you must provide valid proof that one of the below conditions exists to be eligible for an annulment.
-If either of the parties is reported to be married or in a domestic partnership with someone else, you may qualify.
-If one of the parties can prove that they were coerced into the marriage through force or coercion, they may be eligible for an annulment.
-You may be eligible if a spouse is mentally incompetent and unable to consent to the marriage. Examples are intoxication or incapacitation.
-If either party was underage during the marriage, they may qualify for an annulment.
-If it is found out that the spouses are legally related by blood, they may qualify.
-If it is found that one of the parties defrauded the other relating to important aspects of marriage, they may be eligible for annulment.
When Is Annulment Not an Option?
-If you seek an annulment simply because you are unhappy, you will not likely receive the declaration of invalidity.
-If enough time has passed for one of the parties who wasn’t 18 at the time of marriage to be 18, you may not qualify for an annulment.
-Unlike in a divorce, continuing to live with your spouse while seeking an annulment may disqualify you from the process.
-If you seek an annulment on the grounds of coercion or threats to get married, but the threats didn’t occur until after you were married, they generally wouldn’t qualify as eligible.
-Using fraud for grounds of annulment can be challenging. For example, fraud issues must be essential, such as the inability to perform sexual intercourse. If the fraud isn’t deemed essential, you may not qualify.
Which is the Better Option for Me? Divorce or Annulment?
No two situations are the same, so it’s tough to determine which may be the best option for your specific scenario.
An annulment may be the best option if legal obligations are your primary concern. If you don’t have children, all legal ties are severed by obtaining an annulment, and it’s as if the marriage never existed. If legal obligations are looming or developing in the marriage, you may avoid issues by obtaining an annulment.
If you have children, seeking a divorce rather than an annulment may be best. The reason for this is that with a divorce, the courts will encourage parents to agree before the divorce proceedings. Whether this agreement is made through mediation or working together, it allows both parents to maintain a more significant portion of the control over those decisions than an annulment, where the courts have most of the say in important decisions.
Financial complexities could also sway you towards a divorce rather than an annulment for much of the same reasons as when children are involved. The divorce process allows you to maintain more control over financial decisions, such as how the assets will be divided or how child custody is calculated. With an annulment, most control lies with the courts or the state.
What is the Annulment Process?
One of the parties initiates the process by filing a Petition to Invalidate Marriage in the county court where you or your spouse resides. The petition will contain essential information, including when and where you were married, information about any children you have together, and more. The important component in the petition is the grounds you are utilizing as a reason to get an annulment. You can also stipulate the issues you want the court to decide for you, such as child custody, spousal support, or division of assets.
Once a court date is selected, you will attend court with your experienced attorney to provide sufficient evidence that the grounds you specified exist and, therefore, you should be eligible for an annulment. Both parties can call on witnesses and be represented by legal professionals.
If the judge determines that the evidence for the grounds for annulment has been satisfied, they may grant you the invalidation. They may rule on important matters such as custody, asset division, and more.
If the judge doesn’t feel that your evidence was sufficient, they may deny your petition, leaving divorce as the only option you have left to dissolve the marriage.
A Trusted and Capable Advocate
Some may choose to pursue an annulment without legal representation because it seems straightforward. The reality is that the annulment process can be challenging, especially if the evidence you have isn’t sufficient. By working with an experienced attorney, you can ensure that the evidence you provide satisfies the grounds requirement, allowing you to dissolve your marriage.
Our main priority is your best interest, and we will fight tirelessly to ensure you get the desired result. We can counsel you on which option may be best based on your circumstances and then move forward with an effective strategy in place that we carefully selected and worked together on with you and our team.
With vast experience in all thing’s family law, our team is prepared to be your most trusted and capable advocate during a time when someone by your side may be of utmost importance.
Contact our office today at 877-738-0777 to get started.
