annulment after legal separation?

[lhazelm]

washington

Filed for and got legal separation when husband went in jail. Found out several lies when he returned; received file from previous divorce that included medical records. Found he had been hospitalized for bipolar disorder, then on medication within one year of our meeting. I know legal separation can be upgraded to divorce; can it be upgraded to annulment also? Or am I limited to divorce only now? TIA

 

[ellencee]

I believe divorce is your only option. Annulments usually require a marriage of less than 6 months, and no physical relationships or some other factor that prevented a true marriage from having occurred. I don't think withholding a diagnosis of bipolar disorder would be considered to have prevented the two of you from having had a 'true' marriage.

Consider this a bump to the top of the list; maybe someone familiar with Washington law can provide more assistance.

 

[lhazelm]

*bump*

I still wonder if an annulment after a legal separation is possible?

 

[ellencee]

I guess you're just going to have to call an attorney in Washington and ask. It seems to me the time to file for an annulment would have been when you filed for a legal separation, which is part of divorce proceedings. GA and NC, except in very particular instances, limit annulments to marriages of less than 6 months and to instances where cohabitaion, consumation, etc. were prohibited by one of the partner's availablity or ability to be married.