is my non consimated marrage legal?

What is the name of your state (only U.S. law)? Washington state.
i foolishly married a man while he was incarcerated hoping it would help release him, unfortunately it didnt work and he is now serving 8years in prison. our marrage was never consumated and i do not wish to be married to a man serving that amount of time for the type of crime hes in for. Is our marrage even legal do i need a divorce or an annulment?

You don't seem to meet any of the grounds for annulment (unless he's your first cousin or you are under 17), so you need a divorce:
Washington Annulment and Prohibited Marriage Laws - WA Annulment and Prohibited Marriage Laws - State Laws, Codes

Even if you could prove annulment, divorce is usually cheaper and easier - and several references imply that this is especially true in WA.

Your problem is going to be that your husband is going to be entitled to 1/2 of marital assets - so anything you've accumulated in the past 8 years is half his.

Trying to trick the legal system is not usually a good idea.

I don't think they've been married for eight years; he's been sentenced to prison for eight years.

How long have you been married?

weve been married for about a year and a half

stuckgirl said:

What is the name of your state (only U.S. law)? Washington state.
i foolishly married a man while he was incarcerated hoping it would help release him, unfortunately it didnt work and he is now serving 8years in prison. our marrage was never consumated and i do not wish to be married to a man serving that amount of time for the type of crime hes in for. Is our marrage even legal do i need a divorce or an annulment?

Click to expand...

What crime was he convicted of?

stuckgirl said:

weve been married for about a year and a half

Click to expand...

It doesn't matter - except that it's only a year and a half worth of assets you'll have to split with him. The rest of my post was accurate.