Washington D.C. Marriage Annulment Lawsuit: Grounds and Legal Process

If either party was under 18 at the time of the marriage and lacked parental or guardian consent, the marriage may be annulled. While the D.C. Code does not explicitly specify age-based annulment criteria, courts have historically used incapacity due to age or lack of legal consent as justification to void such marriages.

Under D.C. law, marriages between close blood relatives are prohibited and may be annulled. This includes direct-line relatives such as siblings, parents, children, and others within degrees of consanguinity. Even if a marriage occurred outside D.C., it can still be invalidated upon relocation if it violates D.C. public policy.

A marriage is voidable if one party was already legally married to another person at the time of the new marriage. Washington D.C. courts strictly uphold this ground, allowing the innocent spouse, their family members, or even the Attorney General to petition for annulment.

If a marriage was entered into based on fraud, misrepresentation, or force, the affected party may seek annulment. Examples include concealment of a significant medical condition, intent to deceive regarding immigration status, or threats of harm used to compel the marriage. The lawsuit must be filed within a “reasonable time” after the discovery of the fraud or relief from the coercion.

A party lacking the mental capacity to consent to marriage, whether due to mental illness, intoxication, or cognitive impairment, can initiate annulment proceedings. The court evaluates medical records, testimony, and the timing of the incapacity relative to the marriage date.

1. Filing a Complaint: The petitioner (person seeking annulment) must file a civil complaint in the D.C. Superior Court's Family Court Division.
2. Service of Process: The respondent must be formally notified of the lawsuit.
3. Pretrial Conference or Mediation: The court may encourage settlement or withdrawal.
4. Court Hearing: Both parties present evidence to support or dispute the annulment grounds.
5. Judgment and Court Order: If approved, the court issues a decree of annulment.

While annulment legally voids the marriage, certain consequences remain:

• Children born during the marriage are presumed legitimate under D.C. law.
• Property and support issues may still be addressed, especially if one party was financially dependent.
• The annulment does not retroactively affect legal acts made in good faith during the marriage.

• Proving Grounds: Whether mental incapacity or fraud, the burden of proof lies with the petitioner.
• Time Sensitivity: Certain claims, like fraud, have strict time limits.
• Complex Hearings: Annulments often involve witness testimony and expert reports, particularly for mental health or medical claims.

An experienced family law attorney can evaluate your situation, determine if annulment is a viable option, and help file the necessary pleadings while managing procedural requirements under Washington D.C. law.

Marriage annulment may be preferable to divorce when:

The marriage was never legally valid due to prohibited relationships or bigamy.

There was deception that undermines the entire basis of marital consent.

The individual wants to avoid legal implications of divorce, including alimony or community property claims.

While annulment is not granted lightly, the District of Columbia provides legal channels to nullify certain marriages under justifiable and well-defined conditions.