If a marriage is irreparable, there are various reasons why a spouse may want to seek an annulment rather than divorce. However, you must have grounds for your marriage to be declared invalid. If you are contemplating an annulment, contact the Annulment Attorneys at Cohen Family Law, LLC. We offer a free initial consultation and can help you determine your legal options. Reach us online or call (360) 953-5000 today.
To initiate an annulment, there are a number of forms that must be filed with the court, and if your spouse does not join the petition, they will need to be served. The court will then set a hearing date, and both sides will be able to present evidence to either justify or contest the annulment. Hiring a skilled and trusted annulment lawyer will significantly increase the chances of your case succeeding. Not only will an annulment lawyer fill out the necessary paperwork and ensure any deadlines are met, they know the types of evidence required to receive an annulment and will help you gather it. They will also have a thorough understanding of the legal system and can guide and advise you until your case is resolved.
An annulment in Washington State is known as a declaration of invalidity. To declare a marriage invalid, there are requirements that must be met. One spouse must be a resident of or stationed in Washington and also able to prove one of the following legal grounds:
One or both spouses were under the age of 18 when married. However, individuals can marry if they are 17 and have parental consent and a special license from the court.
One spouse was unable to consent to the marriage because of insanity, intoxication, or incapacitation.
One spouse felt coerced into getting married.
One spouse only got married because they were physically forced or felt threatened.
A spouse entered into the marriage because they were defrauded about something essential to the marriage. For example, being able to have sexual intercourse, being pregnant from another man, or hiding a sexually transmitted disease.
One spouse is already married.
The spouses are related as brother and sister or parent and child.
The last requirement is that the relationship ended or separation occurred as soon as the reason for invalidity was discovered. An annulment will likely be denied if you continued to live as a married couple after the fact. If a Washington court does find a marriage to be invalid, then it will be as if your marriage never took place.
If you are trying to determine whether an annulment or a divorce is more appropriate for your situation, the annulment lawyers at Cohen Family Law, LLC can help. Call (360) 953-5000
or contact us online to schedule your free consultation today.