Annulment vs. Divorce in Washington: What’s the Difference?

• Invalidation of marriage vs. divorce in Washington
• What’s the definition of a marriage annulment?
• Reasons for an annulment in Washington 
• What’s the definition of a divorce? 
• Reasons for a divorce in Washington
• Annulment vs. divorce: Which is right for you?
• Mediation can help
• References

Washington residents must use one of two methods to end their marriages. An invalidation of marriage (annulment) declares that the marriage was invalid from the beginning. A divorce declares that the union was once valid and is no longer working. 

While divorce is possible for any married couple, annulment is not. This guide will help you understand the similarities and differences between the two legal processes.

Note: In this post, we use the terms “invalidation of marriage” and “annulment” interchangeably. Technically, there is no annulment in Washington, but the process of invalidation of marriage in Washington is highly similar.

Invalidation of marriage vs. divorce in Washington

At the end of a successful annulment or divorce in Washington, your marriage will be over. Both methods involve filing paperwork, asking the court to weigh in, and developing plans for shared assets (including children). But important differences separate these two processes. 

With an invalidation, it’s as if your marriage never existed. With a divorce, your marriage simply ends, but it did exist in the eyes of the court. 

The following six items differentiate an annulment from a divorce in Washington:

• Time frame to file: Annulments are typically requested early in the marriage. One party discovers something that invalidates the union, and that person asks for help dissolving the marriage. A divorce can happen at any point, including years later. 
• Spousal support: Since people are typically married for brief periods before an annulment, large spousal support plans are rare. A divorce is different, especially for people who have been married for a long time before breaking up. 
• Waiting periods: Washington law requires a 90-day divorce “cooling off” period before plans are finalized. Annulments do not have this requirement. 
• Fault: An annulment requires grounds, or reasons that the marriage isn’t valid. Washington doesn’t require people to cite the cause of their divorce. 
• Rarity: Washington’s annulment rules are strict, and it isn’t always easy to get one. A divorce is easier to obtain. 
• Status: At the end of a divorce, you become a divorced person. At the end of an annulment, you’re single, as though you were never married in the first place. 

What’s the definition of a marriage annulment?

In Washington, an annulment is called a decree of invalidity. It’s a rare step people take when they discover their marriage was somehow invalid or fraudulent from the beginning. 

Even though a successful annulment involves proving your marriage shouldn’t have happened, you’re still entitled to share assets. If you can’t make arrangements between yourselves, the court will divide your property, enter parenting plans for children, make financial orders, and more. These same decisions are made when parties divorce. 

Most states offer annulment options for people who entered illegal or invalid marriages. Washington’s is slightly different in that two sets of annulment options exist: contested (where one party disagrees) and agreed (where both parties admit the marriage isn’t valid). 

Reasons for an annulment in Washington 

While many people might believe their marriages aren’t valid or fair, not everyone can ask for a Washington annulment. The state has detailed laws outlining when people can ask for this option.

Per Washington law, these are the reasons people can ask courts to annul their marriages:

Age requirements weren’t met

To get married in Washington, applicants must be at least 18 years old. 

If one or both applicants are 17, they must meet one of the following conditions:

• A parent submits a notarized consent statement.
• The applicant can prove legal emancipation.

If people get married without meeting these requirements, they can ask for an annulment. 

One or both people couldn’t legally consent

A marriage is a contractual agreement between two people. If one person was incapacitated by drugs, alcohol, or a mental illness, entering a relationship legally is impossible. These are grounds for an annulment, but they can be hard to prove. 

Another legal partnership exists

People can’t enter two marriages or domestic partnerships at once. If one or both people were legally attached to someone else when they got married, their union is invalid. Asking for an annulment is a reasonable next step. 

The parties didn’t ratify their union

Courts don’t require people to prove that they consummated their marriages. But if the two didn’t cohabitate voluntarily after the union, they could apply for an annulment. Their marriage isn’t considered ratified per Washington law. 

The marriage is prohibited in some other way

Washington prohibits marriages between close relatives. Similarly, one person can’t force someone else to enter a legal relationship. Both are grounds for an annulment. 

What’s the definition of a divorce? 

Washington uses the term dissolution of marriage to refer to a divorce. This legal process ends a marriage, and it can be started by one person or both parties. 

You’re not required to prove that your spouse did anything wrong to file for divorce. And you don’t have to tell the courts why you no longer want to be married. Washington’s no-fault status means you can say your union is “irretrievably broken,” and that’s enough grounds. Your partner can’t disagree with your assessment and stop the process. 

During a divorce, courts approve arrangements regarding parenting plans, child support, property division, debt repayment, and spousal support. If you collaborate with your spouse, you can craft documents that the court simply reviews. If you can’t agree, you can go to court and ask a judge to decide. 

Suggested: Everything You Need to Know before Getting Divorced in Washington

Reasons for a divorce in Washington

You’re not required to cite reasons (or grounds) to file for divorce in Washington. As a no-fault state, courts don’t ask people to disclose why they no longer want to be married. 

Instead, you can tell the judge your marriage is broken and can’t be fixed. That’s enough to start the process. 

Annulment vs. divorce: Which is right for you?

If your marriage is over, an annulment or divorce to formalize the split. Reading through the pros and cons can help you decide which is best for you. 

Pros and cons of an annulment in Washington 

An annulment’s benefits include the following:

• Speed: You won’t have to wait months for the union to end. If the court can hear your case quickly, you could wrap things up much faster. 
• Status: An annulment restores your single status. In some religious traditions, this is preferable to divorce. There will be no record of your marriage. It will be as if it never happened.
• Justice: If you think your spouse cheated or lied to you to make the marriage start, you can prove your case in court. 

An annulment’s main drawback involves its rarity. It’s much easier to get a divorce, as you’re not required to prove that anyone did anything wrong. If your marriage stemmed from a problem that’s hard to prove (like intoxication), your case could be unsuccessful. 

Pros and cons of divorce in Washington 

A divorce’s benefits include the following:

• No fault: You’re not required to cite complicated grounds or prove that anyone did anything wrong. This can greatly simplify the process of ending your marriage. An annulment is very different. 
• Acceptability: It’s rare to move through a successful annulment in Washington. Divorce can be an easier method to end your marriage.
• Length: You can ask for a divorce no matter how long you’ve been married. Annulments work best when the union is brief. 

A divorce’s main drawback is its complexity. Untangling a long marriage with plenty of shared assets can be difficult and time-consuming, especially if you can’t collaborate with your spouse. But if you’ve been married for a long time, annulment is likely not an option anyway. You’d probably need to work through the details of ending your marriage via divorce.

Mediation can help

If you’d like to get a divorce in a less stressful and less expensive manner, consider mediation. A professional mediator can help you and your ex find common ground, smoothing areas where you don’t agree without heading to court. Working with a mediator isn’t free, but it costs far less than hiring divorce attorneys, and you retain more power over your assets than if a judge were to take over the case.

References