Understanding Marriage Annulment in Washington

A Washington marriage annulment refers to a situation in which a court determines that a marriage was never legally constituted or recognized as such. This means that, according to the Revised Code of Washington 26.09.040, marriages that are annulled in Washington are essentially declared as invalid from the beginning. 

Unlike divorces, which terminate a marital union, marriage annulment is a declaration that the marriage never existed in the first place, despite the creation of a marriage record. This may occur for various reasons, such as one of the spouses being already married, a lack of capacity to consent from one party, the marriage being obtained through fraud, one of the parties entering the marriage under duress or coercion, or the parties being closely related.

Grounds for Annulment in Washington

Annulment in Washington is usually granted when the court is satisfied that a marriage did not meet the requirements for being valid. It is also declared when the court finds that a marriage has, for some reason, become voidable, which means it has some elements that render it invalid.

Some grounds for annulment in Washington include:

• Bigamy - This refers to a situation where either of the spouses was married to someone else at the time of the marriage, according to Revised Code of Washington 26.04.020(1)(b).
• Incest - This refers to a situation where someone is married to a close relative, which involves parents and children, first cousins in some cases, and siblings/half-siblings according to Revised Code of Washington 26.04.020(1)(a).
• Lack of Consent according to Revised Code of Washington 26.09.040(4)(b)(i) - This offense refers to when one party to the marriage was mentally unfit at the time of the marriage and could not comprehend the nature of the union.
• Coercion or Duress - This refers to when one or both parties to the marriage were forced, pressured, or threatened into the marriage against their will. This makes the marriage voidable according to Revised Code of Washington 26.09.040(4)(b)(i).
• Impotency or inability to consummate - This refers to when a spouse is physically incapable of having sexual intercourse and the incapacity was incurable at the time the marriage occurred, according to Revised Code of Washington 26.09.040(4)(b)(i).
• Underage Marriage Without Proper Consent - This refers to a marriage where one of the parties is under the legal age of 18 years for marriage in Washington. Parties who are 17 years old may marry if they have parental consent and court approval, as stated in Revised Code of Washington 26.04.010.

Note: When a marriage is annulled in Washington, the decree will declare the marriage as invalid from the date it is made. Any adjoining issues, such as property division, child support, and parenting plans, will be handled by the court, as is done in divorce cases. This means that while the marriage is annulled, there is fairness in administering the parties’ joint ventures.

Eligibility Requirements for an Annulment in Washington

In Washington, annulment of marriage is officially called declaring the marriage invalid. This is done to treat the marriage as not legally existing. Generally, any of these individuals may file an action for declaring a marriage as invalid in Washington:

• Someone who is a spouse in the marriage
• The legal representative of a spouse in the marriage
• A child or parent in cases involving underage marriage, force, or fraud

This means that the party instituting a marriage annulment action must be a spouse in the marriage, and this action may be instituted by either of the spouses, regardless of who is at fault. The annulment may be granted based on certain conditions stated in Revised Code of Washington 26.09.040(4). These conditions include the following:

• One of the parties lacked the capacity to consent to or enter into a marriage
• Either spouse was legally married at the time of the wedding
• Consent was obtained under duress or by force
• One of the spouses was underage, and there was no court or parental consent
• Consent was obtained fraudulently
• The marriage was invalid under the law of the place where it was celebrated

To be eligible to file an action for marriage annulment, either spouse must reside in Washington at the time of filing. The marriage must have taken place in Washington, or one of the spouses was stationed in Washington by military posting. While there is no strict timeframe, the filing must be made in a reasonable amount of time after the prevailing issue is discovered. The spouses must be legally married at the time of filing. However, civil marriages are annulled by Washington courts, while religious marriages have a separate process handled by the relevant religious bodies.

How to Get a Marriage Annulled in Washington

Following a confirmation of legal defects in a marriage, either of the spouses may file a petition for annulment. Here are some steps on how to get a marriage annulled in Washington:

Confirm the grounds for annulment.
This is part of confirming your eligibility for this process. Before filing, confirm which defects in the marriage and what grounds for annulment it falls under. There are various grounds for annulment, which include bigamy, incest, duress, fraud, lack of capacity, or underage marriage.

Obtain and fill out the petition form.
After confirming the grounds for annulment, you may obtain the petition form FL Divorce 205 from the Superior Court clerk’s office or the judiciary website. It is vital to fill out the petition form with the correct details of the spouses, the relief sought from the court, and the grounds for annulment.

Gather relevant documents and file the petition.
After filling out the form, gather all relevant documents to aid the petition. This may be evidence to support the grounds for annulment stated in the petition, such as birth certificates or divorce records. Proceed to file these documents in a county where either or both spouses reside. It is essential to state in the petition if children are involved because this makes the annulment case more complex and prepares the court for making custody, support, or visitation orders.

Pay the required fees.
When filing the petition, you will be required to pay specific filing fees to the court. The filing fees are also accompanied by additional costs, such as the cost of making copies and service fees.

Serve the other party and wait for a response.
After paying the court fees, the other spouse will be served with copies of the petition and accompanying documents. This will allow the respondent to get familiar with the facts of the case, which enables them to file an answer on time. After the respondent’s answer, it will be shown whether it is an uncontested or a contested case.

Attend court hearings
The court will schedule pretrial proceedings, after which hearings will commence following the respondent’s answer. The court addresses the evidence and witness testimony from both parties during the trial. Uncontested cases are usually decided more quickly because both spouses agree on the grounds for annulment. The court also addresses issues of child support and custody while not focusing on spousal support.

Obtain the court decree of annulment.
After sufficient evidence is provided, the court may grant a Final Declaration of Invalidity. This declaration makes the marriage void and invalid. The court’s judgment may be obtained for personal records or official purposes, such as name changes or remarriage. Certified copies of the final declaration can be obtained from the court clerk. After the court’s verdict, the marriage is considered to have never existed legally.

Required Forms and Documentation for an Annulment in Washington

Initiating a process for annulling a marriage requires certain forms from the court, which you will fill out and file. The most crucial document is the Petition to Invalidate Marriage, which is FL Divorce 205. This form is the primary document that communicates a spouse’s intention to annul a void or voidable marriage. The other spouse will receive a Summons, which is Form FL Summons 200. This document notifies the other spouse of the annulment case that has been filed. There is also a Confidential Information Form, which is filed in all family law cases to protect personal information such as dates of birth and contact information. The Final Order Invalidating Marriage is the decree that declares the marriage invalid.

Other forms required include the Proof of Personal Service or Acceptance of Service forms, which are Form FL All Family 101 and Form FL All Family 117, respectively. After the invalidation decree has been given, a Declaration of Invalidity, Certificate of Dissolution, or Legal Separation is maintained at the Washington Department of Health’s vital records office in Washington DOH Form 422-027. Some of these forms may be accessed through the Court Forms website.

Where to File for an Annulment in Washington

An annulment in Washington may be filed at the Superior Court. This court has jurisdiction to handle cases of Declarations of Invalidity of Marriage. The Superior Court is a trial-level court that exercises general authority. This court handles family law cases, which include marriage annulment.

According to Washington law, the action to declare marriage annulled may be filed in the county where either spouse lives or the county where the spouses last lived together. This is because Washington uses residency at the time the case is to be filed to determine jurisdiction. Thus, long-term residence is not necessary for jurisdiction if it may be established that at least one spouse lives in Washington at the time of filing for annulment. At the county level, the petition is submitted at the relevant court with local filing fees and any relevant documents.

Annulment Timelines and Waiting Periods in Washington

A Declaration of Invalidity of Marriage does not have a statutory waiting period, unlike divorces, which have a 90-day waiting period. This is because a marriage annulment addresses whether the marriage legally exists or not. There is no minimum timeline for a judge to issue a final order in annulment cases. The judge may issue a final order in an annulment case as soon as the required evidence and procedural steps are satisfied. Certain factors could speed up the timeline for an annulment.

Uncontested annulment cases with clear evidence of invalidity typically receive a final order more quickly. If both spouses cooperate and the proper paperwork is filed on time, the case will be decided quickly. In cases involving children, the case becomes more complex and may take longer to resolve than regular cases. There may also be difficulty serving one of the spouses with court documents, which may also delay the case.

Costs and Court Fees for an Annulment in Washington

A marriage annulment filing will be done as a family law case at a Superior Court in Washington. The initial filing fee is usually between $36- $280, depending on the county or if a dispute resolution center is available. There are also service fees, which may be incurred when the other party is served with court documents, such as the petition and summons. After filing, multiple copies of the documents will be made for court records and service on relevant parties, which you must also account for.

Hiring a lawyer depends on your budget, as individuals who cannot afford one may be appointed a public defender. For individuals who can afford to pay, the usual retainer fees for a lawyer in Washington range between $2,500 and $7,500, depending on the complexity of the case. There are fee waivers available to persons who cannot afford the court fees. This waiver is usually given on the condition that it is in the public interest or due to indigency. There is also a Family Law Facilitator in many Superior Courts for individuals who need guidance in representing themselves.

After the Annulment: What Happens Next?

After an annulment in Washington, the marriage immediately ceases to exist and is considered to have never legally existed. This results in outcomes such as the parties returning to their pre-marital status of being single. They may proceed to marry again, provided that the requirements for a valid marriage are met.

While the marriage is declared invalid, the record of the marriage is not destroyed, as the marriage certificate and the annulment order will remain part of state records. The parties will also perform name changes to return to their premarital identity. The court may still address the issue of property rights and asset division, especially in situations where the couple accumulated the assets while living as spouses. The court also handles matters relating to child support, visitation rights, and parenting plans in annulment cases.

Washington courts generally do not grant spousal support for long-term periods. Temporary support or assistance may be given through a court order, especially in situations when one spouse is reliant on the other.