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Annulment, Prenuptials, Meretricions cases & Legal Separation: the Basics
Annulments Under Washington State Law
Contrary to popular belief they are not hard if you have agreements by both parties
that in fact they qualify for the annullment. (some people spell it with two "L's".)
It is true that some Judges take the position that it should be extremely difficult
to get one given the burden of proof (called "clear and convincing" which is just
a step down from the criminal "beyond a reasonable doubt"), and that that the party
who is claiming invalidity of marriage must prove a very high standard. If
you have a genuinely undissolved marriage or close blood relation then it gets easier.
The other avenues of religious grounds or discovery that the other party does
not want to have children, are much more difficult if both parties won't sign agreed
papers. There are actually many legal bases under Washington law, and if they
are correctly stipulated to you are legally entitled to an annulment. That
is a fact, and I continue to obtain these for people on a regular basis despite
being told that Washington court's don't issue them. That is just wrong.
My price for an agreed annulment is the same as the divorce with no children: $350.00 plus a mandatory court filing fee of $250.
(I usually get them done in 5-12 business days, and if you pay an extra $200 I can
do it faster so call for details.) Under WA law these are technically called
Decrees of Invalidity of Marriage.
Legal Separations vs. Divorce (dissolution)
These are used primarily where the parties wish to try a period of living apart
and also separate their finances in an
official way. These put persons on notice that your affairs
are separated. If you start living together it can nullify the separation
so bear this in mind. Parties enter every document including child-support
and custody orders that they would in a divorce: the titles just say "Decree of
Dissolution". After six months you can convert it to a decree of dissolution
or divorce if you choose. But you can dismiss them and still be married if you choose
to get back together.
There may be certain financial reasons you don't want to officially divorce, but
yet you want solid ground to prove you are financially separated and not responsible
for the other's debts and new liabilities generated by the other spouse.
My price for these are identical for normal agreed divorces.
As with an annulment, there is no waiting period except for paper-processing and
Court processing time. (I usually get them done in 5-12 business days, and
if you pay an extra $200 I can do it faster so call for details.)
Prenuptial Agreements and Meretricious Relationships
The old saying is that in WA prenuptials are worth the paper they are written on. The state inteferes
more in the marriage contract than in virtually any other. Did he/she have a lawyer? Were they overseas at the time?
Were the terms so draconian that the Court should infer undue influence? IF the final result is
unfair Washington law explicitly gives lower courts authority to overturn all or part of any of them.
Meretricious relationships are gaining in popularity but when I started in the late 90's they were still a
strange creature which made everyone uncomfortable. As society changes there will be more an more.
The idea still seems strange to me.
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