Annulment vs. Divorce in Washington State: What You Need to Know

When a couple makes the difficult decision to split, there may be a question as to what options they have. Couples in Washington State have two legal paths to consider: divorce or annulment.

Understanding these differences can help you choose the right path for your situation.

What Is a Divorce?

In Washington State, divorce - officially called a dissolution of marriage - is the legal termination of a valid marriage. Washington is a no-fault divorce state, meaning you don’t need to prove wrongdoing or specific reasons to file. One spouse simply needs to declare that the marriage is “irretrievably broken.”

Key Features of Divorce:

• Available to all married couples, regardless of how long they’ve been married.

• No need to prove fault or wrongdoing.

• Mandatory 90-day waiting period before finalization.

• Spousal support, property division, and child custody/support are addressed in the process.

• Once the divorce is finalized, you are legally recognized as divorced.

What Is an Annulment?

In Washington State, an annulment is legally referred to as a declaration of invalidity. Unlike divorce, annulment asserts that the marriage was never valid to begin with. If granted, it’s as if the marriage never existed in the eyes of the law.

Grounds for Annulment in Washington:

Annulments are rare and only granted under specific circumstances, such as:

• One party was underage or already married.

• Fraud, coercion, or duress was involved.

• One party lacked mental capacity to consent.

• The marriage was incestuous or otherwise prohibited by law.

Key Features of Annulment:

• Requires proof that the marriage was invalid from the start.

• Typically filed early in the marriage.

• No waiting period required.

• Spousal support is uncommon, especially in short marriages.

• Once an annulment is granted, you are legally considered single, not divorced, since the court declares the marriage null and void.

Which Path Is Right for You?

Choosing between annulment and divorce depends on the circumstances surrounding how your marriage was entered into. Contact us today to set up a free consultation with one of our attorneys to discuss the specific facts of your case and explore all options. Click Here or call 360-367-4206.