By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 19, 2023
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State laws dictate the grounds under which a civil annulment may be granted and which types of marriage are prohibited. Examples of types of marriage that are prohibited are those between close family members, or those where a previous marriage was not ended either through a divorce or a spouse's death.
In Washington, laws related to civil annulments and prohibited marriages are very similar to those of other states.
In Washington, certain types of marriages are prohibited. These include marrying your first cousin or other close family members, such as a sibling or parent. In addition, you can't get married if you already have a spouse or domestic partner. You'll have to get a formal divorce first. Also, you have to be of legal age or you'll need parental permission.
Same-sex marriages is legal across the country. In 2015, the U.S. Supreme Court heard a case called Obergefell v. Hodges. In that case, the U.S. Supreme Court ruled that state bans on same-sex marriage are unconstitutional. As a result, same-sex marriage is now legal in all states.
In Washington, an "annulment proceeding" is legally known as a "Declaration Concerning Validity of Marriage" hearing. It is a way for the courts to cancel a marriage if they find that one of the requirements of a legal marriage was not actually present at the time the couple was married.
To obtain an annulment, you must be able to establish that you fall within one of the statutory exceptions that allows your marriage to be declared "invalid."
If a court finds your marriage to be invalid, it is as if the marriage itself never happened. Either spouse can file for a Washington annulment or declaration of invalidity. In the event that a spouse is married to more than one person, a child of the later marriage or any other legal spouse may also file a petition for invalidity.
The basics of Washington's laws related to annulments and prohibited marriage are listed in the following chart. See FindLaw's Marriage Law Overview section for additional articles.
Prohibited Marriages |
Under relevant state law, the following types of marriage are prohibited:
|
|---|---|
Grounds for Annulment |
Under RCWA 26.09.040, the following are grounds for a civil annulment:
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Time Limits for Obtaining Annulment |
- |
Legitimacy of Children |
Under RCWA 26.09.040(5), children that are born to a marriage that is legally invalid or annulled are considered legitimate. |
Note: State laws are constantly changing. Contact a Washington family law attorney or conduct your own legal research to verify the state law(s) you are researching.
Consider reviewing the following resources for more information about laws in Washington, including those related to civil annulments and prohibited marriages:
Consider reviewing the following resources as well for more information about laws and legal issues related to civil annulments and prohibited marriages:
If you're considering an annulment or in a marriage that is legally invalid or prohibited, you likely have many concerns about laws and legal issues related to such marital circumstances. It's advised that you speak with a qualified family law attorney, if you need more help. They can assist you with all your legal concerns.
Contact a qualified attorney.
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