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ANNULMENT (DECLARATION OF INVALIDITY) IN WASHINGTON
There are two legal ways to end a marriage in the State
of Washington. The first way, the Dissolution of Marriage (frequently
called divorce), is the ending of a valid marriage through a process
that restores the parties' single status and gives them the ability to
remarry. The second way, Declaration of Invalidity (frequently called an
annulment), completely erases the marriage as if it never existed at
all.
While a divorce recognizes that a marriage did exist, a
Declaration of Invalidity (annulment) legally declares that the marriage
never technically existed and was never valid. Annulments, like
divorces, can be initiated by either the husband or the wife. The party
that initiates the annulment must be able to prove whatever grounds he
or she alleges. Divorce, however, does not require proof of whatever
grounds for the divorce are alleged. Such things as "irreconcilable
differences" do not require that the parties show exactly what the
differences that can't be resolved are.
For a Declaration of Invalidity (annulments), the
following are the legal basis under RCW 26.09.040 for declaring that the
marriage is invalid and should be erased:
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the age of one or both parties
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lack of parental or court approval
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a prior un-dissolved marriage of
one or both parties
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reasons of consanguinity (closely
related by blood)
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a party lacked the capacity to
consent to marriage because of mental incapacity, influence of
alcohol or other incapacitating substance
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a party was induced into entering
into marriage by force, or duress, or by fraud involving the
essentials of marriage.
Additionally, the court must find that the parties have
not ratified the marriage by voluntarily cohabiting after attaining the
age of consent, or obtaining the capacity to consent, or after cessation
of the force or duress or discovery of the fraud.
Just like in a divorce, once that is determined that the
marriage is invalid, other related issues must be resolved. The
assets
and debts must be divided,
custody of any children must be determined,
child support and
spousal maintenance, restraining orders, attorney
fees, and other appropriate issues.
The free
information contained in these pages is not intended
to be legal advice, and does not create an attorney-client relationship. You
should always consult with an
experienced attorney before taking any action. Feel free
to call our compassionate lawyers at 425-255-4542 to schedule an appointment.
Site Map
MOGREN, GLESSNER & ROTI, Renton, Washington, 98057
Phone: (425) 255-4542
Our law firm is conveniently located in Renton, King County, WA, just off the freeway at the intersection of I-405 and I-167, easily accessible from Seattle and Bellevue Washington. Our
three family law and divorce attorneys represent clients in the greater Seattle area and throughout the State of Washington, including the communities of Renton, Kent, Tukwila, Seattle, Bellevue, Mercer Island, Issaquah, Fairwood,
Cascade, Newcastle, Normandy Park, Auburn, Maple Valley, Black Diamond, Skyway, Federal Way, Des Moines,
Kent Meridian, Lake Youngs, Burien, SeaTac, Factoria, Covington, Medina, Fox
Island, Gig Harbor, North Bend, Snoqualmie, Sammamish, Redondo, Enumclaw and most of south King County. Call 425-255-4542 for a free telephone consultation with an
experienced family law and divorce attorney / lawyer. Our attorneys represent both men and women in divorce
and the drafting of simple wills,
and are members of the Christian Legal Society. Our lawyers offer affordable rates
(reasonably priced) for uncontested divorce.
The free information and help contained in these
pages is not intended to be legal advice, and does not create an
attorney-client relationship. You should always consult with a lawyer before
taking any legal action. Feel free to call us at 425-255-4542 for a free
telephone consultation with a family law lawyer for help regarding your
marriage, divorce, custody, complex property division,
child support and maintenance, adoption, will, estate plan or
probate. We offer inexpensive (cheap) discount package deals and for our wills,
simple will and estate
planning documents. We offer a Christian perspective in our practice, yet
are aggressive in protecting your rights. Our attorneys are licensed to practice only in the State of Washington,
and are easily accessible to the greater Seattle area.
Serving both male and female clients in the Seattle, King County, WA area, including the communities of Kent, Renton, Tukwila, Southcenter, Seattle, Auburn, Bellevue, Mercer Island, Federal Way, Maple Valley, Des Moines, SeaTac, Burien, Fairwood,
Cascade, Covington, Newcastle, Normandy Park, Issaquah, Factoria, Black Diamond, Algona, Covington, Fall City, Hobart, Medina, North Bend, Pacific,
Buckley, Highline, Wilkeson, Newport Hills, Fox
Island, Gig Harbor, White Center,
Boulevard Park, Rainier Beach, Rainier Valley, Bryn Mawr, Redondo, Covington, Kent Kangley,
Cougar Mountain, Preston, Ravensdale, Kanaskat, Palmer, Cumberland, Redondo,
Midway, Georgetown, Riverton Heights, McMicken Heights, Eastgate, Kennydale, Medina,
Overlake, Boeing, Microsoft, Paccar, Kenworth, East Renton Highlands, Preston, Kent East Hill, Lake Meridian,
Green River, Star Lake, Lake Sawyer, Duwamish, Seward Park, Columbia City, Georgetown, Holly Park, Sodo, Sammamish, Seahurst, Snoqualmie,
Soos Creek, Emerald Downs, Muckleshoot, Twin Lakes, Skyway,
Bellevue, Enumclaw and most of south King County, WA. This includes zip
codes of 98055, 98056, 98057, 98058, 98059, 98030, 98031, 98032 98042,
98038, 98040, 98045, 98168, and 98188, and area codes of 206, 253, and 425,
. We represent clients
from Boeing, Microsoft, Starbucks, Costco, Weyerhaeuser, Valley Medical
Center, various hospitals and insurance companies, T-Mobile, and many other employers. We serve clients of all
nationalities and ethnicities, including African American, Native American,
Asian, Hispanic, Latino, Caucasian, Indian, Korean, Japanese,
Russian, Ethiopian, Italian, Vietnamese, Pacific Islander, Philippine, Irish, English, French, German, and Chinese.
We receive clients of all faiths and religions, including Christian, Islam,
Hindu, Buddhist, Muslim, Judaism, Baha'i, New Age, Scientology, Mormon, LDS Catholic, Protestant,
Presbyterian, Baptist, Methodist, Pentecostal, Charismatic, Foursquare,
Evangelical, Assembly of God, Jehovah Witness, Episcopal, Foursquare,
Lutheran, Bible, Pentecostal, Orthodox, Adventist, Unitarian, secularist, and agnostic. We also represent clients who are
members of labor unions (Teamsters, AFL-CIO, Teachers Union, NEA), unemployed or stay-at-home parents,
members of service organizations (Kiwanis, Lions, Masons, Rotary, Shriners,
AARP, etc), Democrat and Republican, veterans and military personnel. Please call to talk to an affordable
(inexpensive) Washington state family law attorney / lawyer for help about your divorce (contested or uncontested),
complex property division, simple wills, probate or other legal issue.
For other external web sites
regarding our firm, please visit
Custody Source,
Martindale & Hubble,
AVVO,
Seattle.com,
WSBA,
Lawers Guide .
Site Map
MOGREN, GLESSNER & ROTI, Renton, Washington, 98057
Phone: (425) 255-4542
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