People in the Seattle area and all over the U.S. may have a hard time staying away from reports about the Kim Kardashian-Kris Humphries split. Even those who are not interested in the drama probably cannot avoid the media frenzy altogether.
The latest reports claim that Humphries is seeking an annulment. This has brought to light many misconceptions about the differences between an annulment and a divorce.
While a divorce effectively dissolves a legal marriage, an annulment, theoretically, erases it entirely. In Washington, marriages are declared invalid rather than annulled.
To have such granted, one or both parties must file a declaration concerning validity to proclaim the marriage void, as if it had never happened. If granted, the goal of the courts in the aftermath is usually for each party to leave with what they came in with. This means that each person's assets and debts are assigned back to whom they originally belonged. Assets and debts that came into existence during the marriage are usually spit up equally.
Marriages of any length can be declared invalid, but certain requirements must be met. Some grounds for declaring a marriage invalid in Washington are:
• Consanguinity: This means that you learned you have married a close relative.
• Existence of a previous marriage: You may claim a marriage was invalid if your spouse was already married to someone else when he or she married you.
• Lack of capacity to give consent: One or both parties lacked the understanding to consent to marriage, perhaps because of mental illness.
• Fraud and duress: This applies if you have been cheated or forced into a marriage.
• Underage marriage: If you entered into a marriage before you were of legal age, your marriage will be considered void and can therefore be declared invalid.
It is somewhat difficult to have a marriage declared invalid in Washington, and for that reason many couples choose to seek dissolution of marriage instead. Appropriate family law legal counsel can help you decide which process is suitable for your situation.
Source: CreditCards.com, "Annulment vs. divorce: How it impacts finances," Tamara E. Holmes, Dec. 30, 2012
Source: Washington Courts, "Declaration Concerning Validity of Marriage," 2004
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