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In some cases, marriages end soon after they begin, prompting individuals to consider annulment as an alternative to divorce. In Washington State, a Petition for Invalidity of Marriage serves as the legal equivalent of an annulment. However, this remedy is available only under specific statutory circumstances.
RCW 26.09.040 outlines the statutory grounds for obtaining an annulment. These grounds include:
Underage Marriage
In Washington State, marriage is permitted if both parties are over the age of 18, or if one party is 17 and has parental consent. If you discover misrepresentation regarding age after the marriage, it may constitute grounds for annulment. Additionally, if an individual under 18 was coerced into marriage, this may also provide a basis for annulment.
Multiple Marriages
If an individual who is already legally married enters into another marriage, the subsequent spouse may seek annulment on the grounds that the marriage is invalid due to the existence of the prior legal marriage.
Marriage by Force
If there is evidence that one party was compelled to marry through physical or verbal threats, this may constitute grounds for annulment.
Inability to Consent
If one party lacked the capacity to consent to the marriage, whether due to mental incapacity or the influence of alcohol or drugs, this may serve as a basis for annulment.
Marriage to a Relative
Washington law prohibits marriage between relatives; therefore, such a union may be subject to annulment.
Fraud
If a marriage was entered into based on information later discovered to be false, annulment may be sought on the grounds of fraud. For instance, if one party expected sexual relations but the other party knowingly withheld this intention, annulment may be considered. The availability of this remedy depends on factors such as the evidence presented and the duration of the marriage prior to seeking annulment.
Although there is a common misconception that annulment is available solely due to the short duration of a marriage, it is necessary to establish one of the statutory grounds listed above to obtain an annulment.
Further, as in a dissolution, in a proceeding to declare the invalidity of a marriage or domestic partnership, the court has the authority to provide for maintenance, a parenting plan for minor children, and the division of the parties’ property.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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