We have all heard these two words. They are the primary ways to legally end a
marriage. Many of us, however, are hazy
on what constitutes an annulment, which in Washington State is referred to as a
declaration of invalidity of marriage.
Annulment is a legal procedure which cancels a marriage between
couples. On the surface that seems
simple doesn’t it? But how does an
annulment differ from a divorce?
Annulling a marriage is similar to saying that the marriage
never existed. An annulment may be sought
by either party, however he or she must show that they have grounds to do so
and be able to prove it in court. There
are two types of marriages that may be annulled: Ones that are void and ones
that are voidable. For example, a
marriage between a person who is already married and another person is
void. Likewise, a marriage between a
21-year old and a 14-year old is void because a 14-year old cannot legally
marry in Washington. Upon reaching the
legal age (18), however, that marriage would become voidable if the parties
remain together. A marriage conceived
under fraudulent circumstances is also voidable. For example, if a man doing time in prison
for homicide escapes and marries a woman without telling her about his criminal
past, she can have the marriage declared invalid when she learns about it.
What is right for you?
The proper way to discover this is to seek professional council in these
matters. Seattle area Divorce attorney
Lyle M. Clark Jr. will help you sort through your choices between divorce and
annulment. Attorney Clark has over 30
years of experience dealing with family law matters. Make an appointment at his office at 40 Lake
Bellevue Suite 100 in Bellevue by calling (425) 452-3092.
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