Marriage annulment can feel like a mysterious legal shortcut—almost like magic erasing your marriage entirely. But the reality is more nuanced. In Washington State, an annulment legally declares that your marriage was invalid from the start, but it doesn’t automatically solve every issue that comes with separation—property, debt, children, or emotional permanence.
If you’re considering a wedding annulment, you need clarity on what it can and can’t accomplish. At Story Law, our Bellevue-based family law attorneys help clients explore whether annulment is right for them—or if a traditional divorce makes more sense.
1. What Is a Marriage Annulment?
Definition
An annulment is a legal declaration that your marriage was never valid in the eyes of the law. Unlike divorce (which ends a valid marriage), an annulment treats the marriage as though it never existed.
Void vs. Voidable Marriages
- Void marriage: Never valid under law. Common reasons: bigamy, incest, or underage marriage. No court proceedings are strictly required to end it, though you may need an order to address related issues.
- Voidable marriage: Appears valid but can be invalidated because of specific conditions at the time of marriage: fraud, mental incapacity, duress, or one spouse lacking consent.
Most Washington annulments are for voidable marriages. If no valid grounds exist, the judge simply won’t grant annulment—and you’ll need to proceed with divorce.
2. Reasons You Can Get an Annulment in Washington
Washington State recognizes a limited set of conditions that make a marriage voidable:
- Underage spouse: One or both parties were under 18 and didn’t have proper parental/guardian consent or court approval.
- Bigamy: One spouse was still legally married to someone else.
- Close family relationship: Incestuous marriages (like first cousins) are prohibited.
- Mental incapacity: One party couldn’t understand the nature of marriage at the time of wedding.
- Fraud or misrepresentation: One spouse lied about fundamental facts—like identity, intent to have children, or committing a crime.
- Duress or coercion: One spouse was forced into the marriage experience through threats or undue pressure.
It’s not enough to be unhappy—you must be able to prove one of these legal grounds, and often the court expects timely action once the issue is discovered.
3. What Annulment Actually Does
Treats Marriage as Never Existed
Once an annulment is granted, legally it’s as if the marriage never occurred. You are not considered “married” after the fact. In theory, this can simplify aspects of your record—but personal history doesn’t vanish.
Retroactive Effects on Records
Your marital status may be listed as “never married,” which can impact background checks, some spiritual considerations, or personal narratives. However, your lived experience—homes lived in or taxes filed jointly—remains unchanged in practice.
Determines Property, Support & Custody Fairly
Despite “never having been married,” courts may still:
- Divide property acquired during the marriage
- Order spousal support in limited cases (e.g., fraud that led to financial loss)
- Determine child custody, visitation, and child support if children were born or adopted
Because children and property can’t vanish, annulment addresses these aspects for fairness.
Prompts Court Orders Where Needed
To ensure peace and protection, courts can proceed with:
- Property division
- Support or entry of custody and parenting plans
- Orders related to debt liability or legal responsibility
4. What Annulment Does Not Do
It’s important to recognize annulment’s limits:
Can’t Erase Emotional History
Even if the marriage is legally void, the time spent and emotional impact remain real. Counseling or personal closure may still be necessary.
Debts & Credit Liability Stay
Financial obligations accrued during the marriage—credit cards, loans, mortgages—do not vanish simply because the marriage is annulled. The court must address debt liability separately in your annulment decree or you may need a post-annulment agreement or later a divorce decree covering debts.
Does Not Rewrite the Marriage Timeline
While annulment can declare that marriage never legally existed, it doesn’t retroactively reset legal timeframes for things like tax credits, insurance, or pension.
Cannot Confer Retroactive Marriage Rights
You cannot remake insurance or benefits across a period in which you were not legally considered married—even if that marriage is annulled. You’ll need to check with insurance providers, employers, and institutions.
Is Not Faster or Easier Than Divorce
Contrary to popular belief, annulments can be as expensive, time-consuming, and complex as divorces, especially when contested or when children and assets are involved. There’s no guaranteed legal shortcut.
5. Annulment vs. Divorce: What’s Better for You?
Grounds and Eligibility
- Annulment requires valid grounds. If none apply, divorce is your only option.
- Divorce is broader: Washington is a “no-fault” state. You don’t need to prove wrongdoing—just that the marriage is irretrievably broken.
Timing
Annulments must be filed within specified timeframes after discovering grounds (e.g., underage spouse who turned 18 may be eligible indefinitely). Divorce filings can usually occur at any time after residency requirements are met.
Stigma and Beliefs
Some prefer annulment due to religious beliefs or beliefs about starting anew. Understand the legal—and emotional—limitations before proceeding.
Taxes, Benefits, and Name Changes
Annulments and divorces affect these areas differently. Consult Story Law for help managing complexities like insurance, spousal benefits, or pension treatment.
Which Is Right?
An annulment may offer clarity in rare situations, but divorce remains the safer, more widely accepted route for ending a marriage. Our attorneys help you weigh these options based on timing, assets, children, faith, or future goals.
6. Practical Steps to Seek an Annulment in Washington
- Confirm eligibility: Make sure legal grounds exist (e.g., fraud, incapacity).
- Prepare pleadings: Draft a petition clearly stating your grounds.
- File the petition: Submit it in the proper Washington court, paying relevant fees.
- Serve your spouse: Legally notify them—unless their consent is not required.
- Discovery and evidence: Gather documents, witnesses, and testimony supporting grounds.
- Hearing or trial: Present your case; your spouse can contest.
- Final decree: Court issues an order addressing whether annulment is granted—and if so, how assets, support, and children are handled.
Whether you end up with an annulment decree or a divorce judgment, steps 1–6 are often shared between them.
7. How a Bellevue Family Law Attorney Can Help
- Evaluate grounds: Determine your eligibility for annulment—and alternatives.
- Draft accurate, clear petitions: Avoid missing language that could invalidate your request.
- Guide you through contested proceedings: If your spouse disagrees, we support your position and evidence.
- Negotiate asset, debt, and child-related issues: Even in an annulment, there are practical matters that must be resolved.
- Switch seamlessly to divorce if needed: If annulment is denied, your petition can pivot to divorce without re-filing.
Story Law lawyers have experience with annulment and dissolution cases in Bellevue and Washington courts. We partner with depositions, valuations, and mediator support as needed for a smoother path.
Your Next Steps
A marriage annulment is not a marital eraser. While it can declare your marriage legally invalid from the start, it doesn’t wipe away emotional bonds, debts, or legal complexities.
Before pursuing an annulment, know your eligibility, expectations, and the reality of how it handles property, children, and finances. For most couples, divorce is the safer, simpler choice.
Interested in learning more? Contact Story Law in Bellevue today to discuss your circumstances and decide if an annulment—or a peaceful divorce—is right for you.
