Marriage Annulment Lawyer in Virginia — What Are the Grounds?
A marriage annulment in Virginia legally declares a marriage void from the start under specific grounds in Va. Code § 20-89.1. Unlike divorce, an annulment treats the marriage as if it never existed. Law Offices Of SRIS, P.C. provides experienced legal guidance for your marriage annulment petition in Virginia. Our firm has handled numerous family law matters across the state.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Virginia Annulment Law and Grounds
Virginia law provides specific, limited grounds for a marriage annulment. A court can grant an annulment if the marriage is void or voidable. A void marriage is invalid from the beginning and requires no legal action to dissolve, though a court declaration is often sought for clarity. Grounds for a void marriage include bigamy (one party was already married) or incest (parties are closely related). A voidable marriage is valid until annulled by a court. Grounds include underage marriage without proper consent, impotence at the time of marriage, fraud, duress, or mental incapacity. Proving these grounds requires specific evidence and adherence to strict procedural rules in Virginia Circuit Court.
Official Legal Resources
For the full text of Virginia’s annulment statutes, review Va. Code § 20-89.1 (official Virginia General Assembly). Procedural rules for filing are governed by the Virginia Circuit Court system. These resources provide the formal legal framework.
The Annulment Process in Virginia Courts
Filing for an annulment in Virginia involves handling specific court procedures. The process begins with filing a formal complaint in the Circuit Court where either party resides. The complaint must clearly state the grounds for annulment as defined by statute and provide supporting facts. Unlike a no-fault divorce, you must prove the existence of a qualifying ground. After filing, the other party must be formally served with the complaint. They have the opportunity to file an answer. The case may proceed to a hearing where you present evidence, such as documents, witness testimony, or experienced opinions, to substantiate your claim. The court will then issue a decree of annulment if the evidence meets the legal standard.
- Consult with a Virginia marriage annulment lawyer to evaluate your grounds and evidence.
- Your attorney drafts and files a Complaint for Annulment in the proper Virginia Circuit Court.
- Ensure the other spouse is legally served with the complaint and a summons.
- Gather and organize all necessary evidence to support the alleged grounds for annulment.
- Attend any required hearings and present your case before the judge.
- Obtain the court’s final decree of annulment, which legally dissolves the marriage.
Potential Outcomes of an Annulment Case
In Virginia, a successful annulment results in the marriage being declared legally void, which can affect property division, spousal support, and the legitimacy of children differently than a divorce.
Results may vary. Prior results do not aim for a similar outcome.
Firm Experience in Virginia Family Law
Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, brings over 120 years of combined attorney experience to complex family law matters. The firm’s deep understanding of Virginia statutes is underscored by Mr. Sris’s personal involvement in amending Va. Code § 20-107.3, the state’s equitable distribution law. This legislative experience provides unique insight into the intent and application of Virginia family law, including the nuanced grounds for annulment. Our team approach ensures every marriage annulment petition in Virginia receives thorough analysis and strategic preparation.
Documented Case Results
Our firm-wide record across VA, MD, NJ, NY, and DC includes 4,739+ documented results with a 93%+ favorable outcome rate. While specific annulment case counts are part of our broader family law practice, this history demonstrates our consistent approach to achieving client objectives in complex legal matters.
Results may vary. Prior results do not aim for a similar outcome.
Contact a Virginia Marriage Annulment Lawyer
Our Fairfax location serves clients across Virginia. We are accessible for consultations regarding your marriage annulment petition. Serving communities statewide.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
Phones 24/7/365. Office by appointment only.
Virginia Marriage Annulment FAQs
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Separate property (pre-marriage, inheritance, gifts) is excluded.
What is the difference between a void and voidable marriage in Virginia?
It depends on the legal defect. A void marriage (e.g., bigamy, incest) is invalid from the start. A voidable marriage (e.g., fraud, underage) is valid until a court annuls it. A void marriage lawyer in Virginia can advise which category applies to your situation.
How long does an annulment take in Virginia?
The timeline varies. An uncontested annulment with clear evidence may resolve in a few months. A contested case requiring a hearing can take longer, similar to a contested divorce timeline of 9-18 months, depending on court schedules and case complexity.
Can I get an annulment if my spouse lied to me?
Yes, but only under specific conditions. The fraud must go to the essence of the marriage contract (e.g., lying about intent to have children, hiding a prior marriage) and not merely involve misrepresentation about character or wealth. Proving this requires strong evidence.
What happens to property after an annulment in Virginia?
Since an annulment voids the marriage, there is no “marital property” to divide under equitable distribution. Instead, parties typically retain ownership of assets they hold title to, though a court may use principles of constructive trust or unjust enrichment to resolve financial entanglements.
For more information on related legal services, see our Virginia Family Law hub page. We also assist clients in nearby areas like Henrico County and with other matters such as traffic defense in Richmond.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
A marriage annulment case is one part of divorce & separation lawyer, and our page on divorce lawyer Virginia covers the wider process.