Washington
Washington Annulment Laws: Grounds, Who Can File and How (2026)
Independently fact-checked against primary sources (last audited October 10, 2026). · 11 primary sources cited on this page. How we verify our legal content
Yes, Washington courts annul marriages, but the statute calls it a declaration of invalidity. Under RCW 26.09.040, a party can petition to have a marriage "declared invalid," and the state's court form is titled Petition to Invalidate (Annul) Marriage. The grounds come from RCW 26.09.040(4) and the marriage statutes in chapter 26.04 RCW.
Information last verified on 2026-10-09. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers court annulment (declaration of invalidity) of a marriage in Washington State under RCW 26.09.040, RCW 26.04.010, 26.04.020 and 26.04.130, related sections of chapter 26.09 RCW, and Laws of 2024, ch. 10. It does not cover religious annulment, invalidity of a state registered domestic partnership, protection for a spouse who married in good faith (sometimes called a putative spouse), inheritance, or other states' law. For ending a valid marriage, see Washington divorce laws.
What Washington calls an annulment
Washington law does not use "annulment" as the name of the action. RCW 26.09.040(1) provides that "a petition to have the marriage or domestic partnership declared invalid may be sought by: (a) Either or both parties, or the guardian of an incompetent spouse or incompetent domestic partner, for any cause specified in subsection (4) of this section." When the claim is that either party is married to or in a domestic partnership with another person, RCW 26.09.040(1)(b) also allows "the legal spouse or domestic partner, or a child of either party" to petition.
When the court grants the petition, it declares the marriage invalid "as of the date it was purportedly contracted" (RCW 26.09.040(4)(b)(i)). The Washington Courts forms list uses the everyday word: form FL Divorce 205 is the Petition to Invalidate (Annul) Marriage.
Grounds for a declaration of invalidity
RCW 26.09.040(4)(b)(i) lists the causes. They include a party's age, lack of required parental or court approval, a prior marriage or domestic partnership that was never dissolved, consanguinity (close blood relationship), lack of capacity to consent, force or duress, and fraud.
RCW 26.09.040(4)(c) adds a separate ground for a marriage contracted outside Washington: the court declares it invalid if it was void or voidable under the law of the place where it was contracted, absent proof that it was later validated by the laws of that place or of a later domicile of the parties.
The section itself does not sort these causes into "void" and "voidable." Those labels come from chapter 26.04 RCW: RCW 26.04.010(2) calls an under-18 marriage void, and RCW 26.04.130 calls marriages affected by incapacity, force or fraud voidable.
The phrase "lack of required parental or court approval" still appears in RCW 26.09.040(4)(b)(i), even though the 2024 law described below removed parental consent and judicial approval as a path to marriage for anyone under 18. Ask a Washington family lawyer how that wording applies to an older marriage.
Marriages involving a person under 18
RCW 26.04.010(2) now reads: "Every marriage entered into in which either person has not attained the age of 18 years is void."
That rule comes from House Bill 1455, enacted as Chapter 10, Laws of 2024 ("Marriage by minors--elimination"), effective June 6, 2024. The law did three things:
- Raised the void threshold in RCW 26.04.010(2) from under 17 to under 18, and struck the provision that let a superior court judge waive the age rule "on a showing of necessity."
- Removed "legal age" as a voidable ground from RCW 26.04.130.
- Removed the parental-consent exception for 17-year-olds from the marriage license affidavit statute, RCW 26.04.210.
The code note to RCW 26.04.010 states that the change applies to any marriage entered into on or after June 6, 2024. This page does not cover how the earlier rules apply to a marriage entered before that date. Some older guides still describe parental or court approval for marriages under 18; for marriages on or after June 6, 2024, the 2024 law removed those exceptions.
Prohibited marriages: an existing spouse or a close relative
RCW 26.04.020(1) prohibits two kinds of marriage:
- An existing spouse or partner. A marriage is prohibited "When either party thereto has a spouse or registered domestic partner living at the time of such marriage, unless the registered domestic partner is the other party to the marriage" (RCW 26.04.020(1)(a)).
- Close relatives. A marriage is prohibited "When the spouses are nearer of kin to each other than second cousins, whether of the whole or half blood computing by the rules of the civil law" (RCW 26.04.020(1)(b)).
RCW 26.04.020(2) adds: "It is unlawful for any person to marry his or her sibling, child, grandchild, aunt, uncle, niece, or nephew."
Marriages contracted in another state are treated differently. Under RCW 26.04.020(3), Washington recognizes an out-of-state marriage unless it is prohibited under subsection (1)(a), an existing spouse or partner, or subsection (2), the listed close relatives. A marriage valid where it was contracted that falls only under the second-cousin rule in (1)(b) is not on that exclusion list. Ask a Washington lawyer how the rule applies to a particular out-of-state marriage.
Voidable marriages: capacity, force and fraud
RCW 26.04.130 provides that when either party "shall be incapable of consenting thereto, for want of a sufficient understanding, ... such marriage is voidable, but only at the suit of the party laboring under the disability." The same section covers consent "obtained by force or fraud": the marriage is voidable "but only at the suit of the party ... upon whom the force or fraud is imposed."
RCW 26.09.040(4)(b)(i) frames these grounds as lack of capacity to consent, "either because of mental incapacity or because of the influence of alcohol or other incapacitating substances," force or duress, and fraud "involving the essentials of marriage or domestic partnership."
The same subsection adds a ratification condition: the court looks at whether "the parties have not ratified their marriage or domestic partnership by voluntarily cohabiting after attaining the age of consent, or after attaining capacity to consent, or after cessation of the force or duress or discovery of the fraud." Living together voluntarily after the problem ends can therefore defeat the claim.
Grounds at a glance
| Ground | Statute's label | Who may file | Time limit or bar | Source |
|---|---|---|---|---|
| Either person under 18 (marriages on or after June 6, 2024) | Void | Includes either or both parties, or the guardian of an incompetent spouse (RCW 26.09.040(1)(a)) | RCW 26.09.040(4)(b)(i) refers to ratification by voluntarily cohabiting after attaining the age of consent; the statutes do not say how that applies to a marriage RCW 26.04.010(2) calls void | RCW 26.04.010(2); Laws of 2024, ch. 10; RCW 26.09.040(4)(b)(i) |
| Living spouse or registered domestic partner (unless the partner is the other party) | Prohibited | Either or both parties, the legal spouse or domestic partner, or a child of either party (RCW 26.09.040(1)(b)) | Not stated in the sections cited here | RCW 26.04.020(1)(a); RCW 26.09.040(4)(b)(i) |
| Nearer of kin than second cousins; sibling, child, grandchild, aunt, uncle, niece or nephew | Prohibited; listed relatives unlawful | Includes either or both parties, or the guardian of an incompetent spouse (RCW 26.09.040(1)(a)) | Out-of-state marriages: see RCW 26.04.020(3) | RCW 26.04.020(1)(b), (2), (3) |
| Mental incapacity | Voidable | The party under the disability (RCW 26.04.130); a guardian may also petition (RCW 26.09.040(1)(a)) | Ratified by voluntary cohabitation after gaining capacity to consent | RCW 26.04.130; RCW 26.09.040(4)(b)(i) |
| Influence of alcohol or other incapacitating substances | Cause for invalidity | The party who lacked capacity (see RCW 26.04.130); RCW 26.09.040(1)(a) refers to either or both parties | Ratified by voluntary cohabitation after gaining capacity to consent | RCW 26.09.040(4)(b)(i) |
| Force or duress | Voidable | The party on whom the force was imposed (RCW 26.04.130) | Ratified by voluntary cohabitation after the force or duress ends | RCW 26.04.130; RCW 26.09.040(4)(b)(i) |
| Fraud involving the essentials of marriage | Voidable | The defrauded party (RCW 26.04.130) | Ratified by voluntary cohabitation after discovery of the fraud | RCW 26.04.130; RCW 26.09.040(4)(b)(i) |
| Marriage contracted outside Washington that was void or voidable where it was contracted | Invalid unless later validated | Either or both parties, or the guardian of an incompetent spouse (RCW 26.09.040(1)(a)) | Not declared invalid if validated by the laws of the place of contract or of a later domicile of the parties | RCW 26.09.040(4)(c) |
RCW 26.04.130 limits the voidable grounds to the affected party's suit, while RCW 26.09.040(1)(a) refers to "either or both parties" for any cause in subsection (4). This page does not resolve how those two sections interact in a particular case. The sections cited here do not set a filing deadline for any ground; ratification is one way a claim can be lost, and a Washington lawyer can say whether anything else applies.
How to file for an annulment in Washington
Court. A petition for a declaration of invalidity may be filed in the superior court of the county where the petitioner resides, in a proceeding titled "In re the marriage of" (RCW 26.09.010(2)).
Residency. RCW 26.09.040 makes the action available when at least one party is a Washington resident or a member of the armed service stationed in the state, and both parties are living. That section does not state a minimum length of residence.
Forms. The Washington Courts family law forms list includes:
- FL Divorce 205, Petition to Invalidate (Annul) Marriage (06/2024).
- FL Divorce 241, the final order form, used for an Invalid Marriage Order.
- DOH 422-027, a Department of Health certificate form.
The county superior court clerk can tell you about local filing requirements and fees.
Children, property and support after an annulment
Children. RCW 26.09.040(5) provides that a child born or conceived during a marriage of record is legitimate and remains legitimate notwithstanding a declaration of invalidity. When the court declares a marriage invalid, it makes provision for a parenting plan for any minor child (RCW 26.09.050(1)). See Washington child custody laws.
Property and maintenance. In an invalidity proceeding the court has the jurisdiction chapter 26.09 RCW provides, "including the authority to provide for maintenance, a parenting plan for minor children, and division of the property of the parties" (RCW 26.09.040(3)). RCW 26.09.080 has the court divide community and separate property in a way that is "just and equitable," without regard to misconduct, and RCW 26.09.090 allows maintenance. Both sections expressly cover a declaration of invalidity.
Name. On the request of a party whose marriage is declared invalid, the court shall order a former name restored (RCW 26.09.150(3)).
This page does not cover whether a spouse who married in good faith has additional rights, or how a declaration of invalidity affects inheritance.
Annulment vs. divorce in Washington
A declaration of invalidity says the marriage was invalid from the date it was purportedly contracted (RCW 26.09.040(4)(b)(i)). A divorce, called dissolution in Washington, ends a valid marriage; see Washington divorce laws. If you are unsure whether you were ever legally married, Washington common-law marriage explains how the state treats informal unions.
A church annulment and a court annulment are separate processes.
Disclaimer: This article provides general legal information about declarations of invalidity of marriage under the Revised Code of Washington, verified on 2026-10-09. It is not legal advice. For advice about a specific marriage, consult a lawyer licensed in Washington or contact the superior court clerk in your county.
Related
- Annulment laws in every state
- Washington divorce laws
- Washington common-law marriage
- Washington marriage and divorce records
- Washington child custody laws
Last updated: 2026-10-09.
Frequently Asked Questions
Can you get an annulment in Washington State?
Yes, through a petition to have the marriage declared invalid under RCW 26.09.040. The court form is FL Divorce 205, Petition to Invalidate (Annul) Marriage.
What are the grounds for annulment in Washington?
RCW 26.09.040(4)(b)(i) lists age, lack of required parental or court approval, a prior undissolved marriage or domestic partnership, consanguinity, lack of capacity to consent, force or duress, and fraud involving the essentials of marriage. RCW 26.09.040(4)(c) adds a marriage contracted outside Washington that was void or voidable where it was contracted, unless it was later validated.
Is there a time limit to annul a marriage in Washington?
The statutes cited on this page do not set a filing deadline, but a marriage voidable for incapacity, force or fraud can be ratified by voluntary cohabitation after the problem ends (RCW 26.09.040(4)(b)(i)). For the age ground, the same subsection also refers to ratification by voluntary cohabitation after reaching the age of consent. A Washington lawyer can advise on timing for a specific ground.
Can a 17-year-old get married in Washington with parental consent?
Not since June 6, 2024. Laws of 2024, ch. 10 made every marriage in which either person is under 18 void (RCW 26.04.010(2)) and removed the parental-consent exception for 17-year-olds; the change applies to marriages entered on or after that date.
Are children legitimate if a Washington marriage is annulled?
Yes. RCW 26.09.040(5) provides that a child born or conceived during a marriage of record remains legitimate notwithstanding a declaration of invalidity, and the court makes a parenting plan (RCW 26.09.050(1)).
Can a Washington court divide property after an annulment?
Yes. RCW 26.09.040(3) gives the court authority over maintenance, a parenting plan and division of property, and RCW 26.09.080 and 26.09.090 apply to a declaration of invalidity.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Revised Code of Washington
§ 26.09.040Petition to have marriage or domestic partnership declared invalid or judicial determination of validity—Procedure—Findings—Grounds—Legitimacy of children.In force
(1) While both parties to an alleged marriage or domestic partnership are living, and at least one party is resident in this state or a member of the armed service and stationed in the state, a petition to have the marriage or domestic partnership declared invalid may be sought by: (a) Either or both parties, or the guardian of an incompetent spouse or incompetent domestic partner, for any cause specified in subsection (4) of this section; or (b) Either or both parties, the legal spouse or domestic partner, or a child of either party when it is alleged that either or both parties is married to or in a domestic partnership with another person. (2) If the validity of a marriage or domestic partnership is denied or questioned at any time, either or both parties to the marriage or either or both parties to the domestic partnership may petition the court for a judicial determination of the validity of such marriage or domestic partnership.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
§ 26.04.130Voidable marriages.In force
When either party to a marriage shall be incapable of consenting thereto, for want of a sufficient understanding, or when the consent of either party shall be obtained by force or fraud, such marriage is voidable, but only at the suit of the party laboring under the disability, or upon whom the force or fraud is imposed.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
§ 26.04.010Marriage contract—Void marriages—Construction of gender-specific terms—Recognition of solemnization of marriage not required.In forcecited in 5 of our articles
(1) Marriage is a civil contract between two persons who have each attained the age of 18 years, and who are otherwise capable. (2) Every marriage entered into in which either person has not attained the age of 18 years is void. (3) Where necessary to implement the rights and responsibilities of spouses under the law, gender-specific terms such as husband and wife used in any statute, rule, or other law must be construed to be gender neutral and applicable to spouses of the same sex. (4) No regularly licensed or ordained minister or any priest, imam, rabbi, or similar official of any religious organization is required to solemnize or recognize any marriage. A regularly licensed or ordained minister or priest, imam, rabbi, or similar official of any religious organization shall be immune from any civil claim or cause of action based on a refusal to solemnize or recognize any marriage under this section. No state agency or local government may base a decision to penalize, withhold benefits from, or refuse to contract with any religious organization on the refusal of a person associated with such religious organization to solemnize or recognize a marriage under this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 45 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Singer v. Hara (Court of Appeals of Washington 1974, 11 Wash. App. 247)“…erred in concluding that the Washington marriage statutes, RCW 26.04.010 et seq., prohibit same-sex…”
- Andersen v. King County (Washington Supreme Court 2006, 158 Wash. 2d 1)“…e of Marriage Act (DOMA). Laws of 1998, ch. 1. DOMA amended RCW 26.04.010 to describe marriage as a civil contrac…”
- State v. Arlene's Flowers, Inc. (Washington Supreme Court 2019, 441 P.3d 1203)“…t meet the WLAD's definition of a "religious organization." RCW 26.04.010(7)(b) (defining…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Washington State: Is It Recognized? (2026), Washington Emancipation Laws: How to Get Emancipated in Washington (2026), Common Law Marriage by State: Where It's Recognized (2026)
§ 26.04.020Prohibited marriages.In forcecited in 3 of our articles
(1) Marriages in the following cases are prohibited: (a) When either party thereto has a spouse or registered domestic partner living at the time of such marriage, unless the registered domestic partner is the other party to the marriage; or (b) When the spouses are nearer of kin to each other than second cousins, whether of the whole or half blood computing by the rules of the civil law. (2) It is unlawful for any person to marry his or her sibling, child, grandchild, aunt, uncle, niece, or nephew. (3) A marriage between two persons that is recognized as valid in another jurisdiction is valid in this state only if the marriage is not prohibited or made unlawful under subsection (1)(a) or (2) of this section. (4) A legal union, other than a marriage, between two individuals that was validly formed in another state or jurisdiction and that provides substantially the same rights, benefits, and responsibilities as a marriage, does not prohibit those same two individuals from obtaining a marriage license in Washington.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Andersen v. King County (Washington Supreme Court 2006, 158 Wash. 2d 1)“…lid only if “between a male and a female” and to provide in RCW 26.04.020(l)(c) that a marriage contract is prohi…”
- Leskovar v. Nickels (Court of Appeals of Washington 2007, 140 Wash. App. 770)“…rriages redefines “marriage” and violates RCW 26.04.010 and RCW 26.04.020. We disagree. We hold that the order ne…”
- Singer v. Hara (Court of Appeals of Washington 1974, 11 Wash. App. 247)“…e “who are otherwise capable” refers to the prohibitions of RCW 26.04.020-.040 against certain marriages involvin…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Washington Marriage License Requirements 2026: Fees and 3-Day Wait
§ 26.09.150Decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity—Finality—Appeal—Conversion of decree of legal separation to decree of dissolution—Name of party.In forcecited in 3 of our articles
(1) A decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity is final when entered, subject to the right of appeal. An appeal which does not challenge the finding that the marriage or domestic partnership is irretrievably broken or was invalid, does not delay the finality of the dissolution or declaration of invalidity and either party may remarry or enter into a domestic partnership pending such an appeal. (2)(a) No earlier than six months after entry of a decree of legal separation, on motion of either party, the court shall convert the decree of legal separation to a decree of dissolution of marriage or domestic partnership. The clerk of court shall complete the certificate on the form provided by the department of health. On or before the tenth day of each month, the clerk of the court shall forward to the state registrar of vital statistics the certificate of each decree of divorce, dissolution of marriage or domestic partnership, annulment, or separate maintenance granted during the preceding month.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- In re the Marriage of Moody (Washington Supreme Court 1999, 137 Wash. 2d 979)“…f legal separation into a decree of dissolution pursuant to RCW 26.09.150. In November 1995, Homer filed a “motio…”
- In Re Marriage of Moody (Washington Supreme Court 1999, 976 P.2d 1240)“…f legal separation into a decree of dissolution pursuant to RCW 26.09.150. In November 1995, Homer filed a "motio…”
- In re the Marriage of Mu Chai (Court of Appeals of Washington 2004, 122 Wash. App. 247)“…n is final when entered, subject to the right of appeal. 2 RCW 26.09.150 allows a decree of separation to be con…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Washington Name Change Laws: How to Legally Change Your Name, Legal Separation in Washington: How It Works and What Courts Order
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Sources and References
- RCW 26.09.040: Petition to have marriage or domestic partnership declared invalid (Washington State Legislature)(app.leg.wa.gov).gov
- RCW 26.04.010: Marriage contract, age requirement (Washington State Legislature)(app.leg.wa.gov).gov
- RCW 26.04.130: Voidable marriages (Washington State Legislature)(app.leg.wa.gov).gov
- Laws of 2024, ch. 10 (HB 1455), Marriage by minors--elimination, session law (Washington State Legislature)(lawfilesext.leg.wa.gov).gov
- RCW 26.04.020: Prohibited marriages (Washington State Legislature)(app.leg.wa.gov).gov
- Washington Courts: Family law forms, divorce and invalid marriage (FL Divorce 205, FL Divorce 241)(courts.wa.gov).gov
- RCW 26.09.050: Decrees, contents (Washington State Legislature)(app.leg.wa.gov).gov
- RCW 26.09.080: Disposition of property and liabilities (Washington State Legislature)(app.leg.wa.gov).gov
- RCW 26.09.090: Maintenance orders (Washington State Legislature)(app.leg.wa.gov).gov
- RCW 26.09.150: Decree of dissolution, legal separation or invalidity, name restoration (Washington State Legislature)(app.leg.wa.gov).gov
- RCW 26.09.010: Civil practice to govern, designation of proceedings (Washington State Legislature)(app.leg.wa.gov).gov