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To get your marriage annulled in Washington, you must petition the court to dissolve the marriage. Pursuing an annulment is far from certain because the court will only grant an annulment in certain circumstances.
Washington law reserves annulments for specific situations involving “prohibited marriages.” These marriages include:
In these specific situations, the court may find that the marriage is invalid and dissolve it completely.
Essentially, nothing will happen to your children. Under Washington law, any child of an annulled marriage is still a legitimate child. Indeed, you may still have similar child custody and child support discussions with your former spouse, regardless of how the marriage ended.
An annulment can have a massive impact on property division discussions. Because Washington is a “community property” state, both parties jointly own all assets in the marital estate. This includes salaries earned, homes purchased, investments, retirement accounts and so on.
However, if the marriage never existed, neither did the marital estate. This could make the property division discussion much more complicated regarding joint purchases and co-mingled assets.
Far from being a simpler method of ending a marriage, annulment may complicate the whole endeavor. But if you do pursue an annulment, there are many potential benefits, but you should move forward with the help of a skilled attorney.
With 30 years of experience in family law, Jason Benjamin has handled more than 1,000 child custody cases and regularly takes on complex, high-conflict matters involving emergency custody orders, domestic violence, restraining orders, mental health concerns, and substance abuse issues. Jason brings decades of courtroom experience to challenging family law disputes and is committed to protecting families during some of the most difficult moments of their lives. He is known for taking decisive action, building strong legal strategies, and advocating aggressively when the stakes are highest.
This page has been written and reviewed by the Envision Family Law team in accordance with our editorial guidelines.
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