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Annulment process in WA state

Bellingham, WA |

What is the criteria for an annulment in washington state?

Couple were married while man was incarcerated and they have been married for 7 years. The marriage has never been consumated, he is still in a secure facility. Can the marriage be unnulled?

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Attorney answers 1


In Wa., we do not use the term annulment -- you may File a peittion to have your mariage declared invalid if you meet certin criteria that is set forth in RCW 26.09.040 whcih reads:

i) The marriage should not have been contracted because of age of one or both of the parties, lack of required parental or court approval, a prior undissolved marriage of one or both of the parties, reasons of consanguinity, or because a party lacked capacity to consent to the marriage, either because of mental incapacity or because of the influence of alcohol or other incapacitating substances, or because a party was induced to enter into the marriage by force or duress, or by fraud involving the essentials of marriage, and that the parties have not ratified their marriage by voluntarily cohabiting after attaining the age of consent, or after attaining capacity to consent, or after cessation of the force or duress or discovery of the fraud, shall declare the marriage invalid as of the date it was purportedly contracted;

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