A Declaration of Invalidity is the legal term promulgated by the Washington State Legislature for marriage annulment. Essentially, if the court determines a marriage is invalid, the couple involved in the alleged marriage was never legally married. Only a spouse or an incompetent spouse’s guardian holds the right to file an invalidity action.
In order to file an invalidity action, both spouses must be living and at least one spouse must be a Washington resident. A spouse enlisted in the military stationed in Washington sufficiently meets the Washington residence requirement. In addition, a person filing for Declaration of Invalidity must demonstrate to the court one of the following reasons to invalidate a marriage:
- One spouse did not meet Washington’s age requirement for marriage
- One spouse was still legally married to another person
- The spouses are blood relatives of one another
- At the time of marriage, one spouse’s consent was provided while incapacitated by means of mental incapacity, alcohol, drugs, fraud or duress.
To discuss issues regarding your annulment, contact Eagle Law Offices, P.S.