For a marriage to be declared invalid because of fraud, the fraud has to be directly related to the marriage. In other words, without the fraud, the marriage would have never happened. Examples of fraud that may invalidate a marriage include: hiding the fact that one can't engage in sexual intercourse, hiding a venereal disease, or hiding pregnancy by another man. If a spouse wants the marriage declared invalid because of force or duress, the force or duress had to exist at the time of the marriage.
If you have children, list their names and dates of birth. You should state your legal grounds to have your marriage declared invalid. Your petition should also state everything else you want the court to decide: child custody, visitation, child support, alimony, and property division.
After you file your petition, you have to serve a copy of it on your spouse. Having your marriage declared invalid means that the court has decided that no valid marriage between you and your spouse ever existed. The judge who declares your marriage invalid can make the same orders that are made in a divorce - child custody, visitation, child support, alimony, and property division. Children of invalid marriages are still considered legitimate in Washington. Legitimate children have the right to be supported by both parents and can inherit from both parents.
To read the full text of Washington law on annulment, see the Revised Code of Washington, Chapters Contact information for each of the Washington superior courts is here. Find a sample Petition for Declaration Concerning Validity here.
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Alimony Divorce and Property. Market Your Law Firm. It is best to talk to a lawyer before separating. If you do separate, you will need to arrange for the care of the children, financial support, and payment of bills.
A mediator or lawyer can help you and your spouse reach an agreement. A lawyer can advise you on your legal options, if an informal agreement is not possible. To get a legal separation you must serve and file a petition in the District Court in the county where you or your spouse lives. It is a different process from the divorce process. In Minnesota, you do not have to be separated before you get divorced. The courts do not publish forms for legal separation.
Your county law library might have more information on legal separation. In many ways, a legal separation is the same as a divorce.
Both include custody, parenting time, child support, and, if appropriate, spousal maintenance alimony orders. The parties can also ask the judge to issue an order that divides the parties' assets and debts.
The major difference is that if you have a legal separation, you are still married. If you decide you want to end your marriage after a legal separation is complete, you will then need to go through the court process to get divorced. In a few cases, there may be insurance or other financial reasons for a legal separation. Legal Advice is Important If you or your spouse are thinking about divorce or legal separation, it is very important to talk with a lawyer and get legal advice.