Marriage Annulment Lawyer Virginia Beach — Is Your Marriage Void or Voidable?
A marriage annulment in Virginia Beach legally declares a marriage void from its start under Va. Code § 20-89.1, distinct from divorce. Grounds include bigamy, incest, or underage marriage without consent. The Law Offices Of SRIS, P.C. provides focused legal guidance for your marriage annulment petition in Virginia Beach. Contact a Virginia Beach marriage annulment lawyer at (888) 437-7747 to discuss your specific situation.
Virginia Annulment Law: Void vs. Voidable Marriages
Virginia law provides two paths for annulment: void marriages and voidable marriages. A void marriage is considered never legally valid. Grounds for a void marriage include bigamy (one party was already married), incest (parties are close blood relatives), or if one party lacked the mental capacity to consent at the time of the marriage. These marriages can be declared void by a court at any time, even after one party’s death.
A voidable marriage is considered valid until a court annuls it based on specific grounds established at the time of the marriage. Key grounds include underage marriage without proper court consent, fraud, duress, or physical incapacity that prevents sexual intercourse. Petitions for a voidable marriage must typically be filed within certain time limits after discovering the grounds.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s annulment statutes, review Va. Code § 20-89.1 (official Virginia General Assembly). All annulment petitions in Virginia Beach are filed with the Virginia Beach Circuit Court.
The Annulment Process in Virginia Beach Circuit Court
Seeking an annulment requires handling specific procedural rules. The process begins with filing a formal complaint with the Virginia Beach Circuit Court, outlining the specific statutory ground for annulment. You must provide evidence supporting your claim, such as marriage certificates, proof of a prior existing marriage for bigamy, or medical affidavits for incapacity. Unlike divorce, there is no statutory waiting period based on separation.
- Consult with a Virginia Beach marriage annulment lawyer to evaluate your grounds and evidence.
- Draft and file a Complaint for Annulment with the Virginia Beach Circuit Court clerk.
- Serve the complaint on your spouse according to Virginia civil procedure rules.
- Gather and present evidence, which may include witness testimony, documents, or experienced opinions.
- Attend a court hearing where a judge will review the petition and evidence.
- Obtain the final decree of annulment if the court rules in your favor.
Potential Outcomes and Considerations
In Virginia Beach, a successful annulment results in the marriage being erased as if it never legally existed, which can affect property division, spousal support, and legitimacy of children.
If an annulment is granted, the court must decide issues of property division, which are treated differently than in divorce. The court can distribute property based on equitable principles, but the concept of “marital property” does not formally apply. Spousal support (alimony) is generally not available after an annulment. Critically, children born from an annulled marriage are still considered legitimate under Virginia law, and both parents retain rights and responsibilities for child custody and support, which must be addressed in the annulment decree.
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Annulment Case
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our firm-wide record includes 4,739+ documented case results. Mr. Sris personally played a role in amending Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep involvement in Virginia family law. We understand the nuanced differences between annulment and divorce and can advise on the best legal strategy for your circumstances.
Case Results and Client Advocacy
Our firm has a documented record of favorable outcomes in family law matters. In Virginia Beach, we have 8 total documented case results across all practice areas with a 100% favorable outcome rate. For instance, our team has successfully resolved cases involving contested grounds for annulment by presenting clear, documented evidence to the court.
Results may vary. Prior results do not aim for a similar outcome.
Mr. Sris, our managing attorney and former prosecutor, provides strategic oversight on complex cases, ensuring every legal avenue is explored.
Contact a Marriage Annulment Lawyer Serving Virginia Beach
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Our Richmond location serves clients with matters at Virginia Beach courts. We offer 24/7 phone consultations — meetings are by appointment only. We are a marriage annulment petition lawyer Virginia Beach residents can consult for guidance on void and voidable marriages.
Virginia Beach Annulment Lawyer FAQ
What is the difference between an annulment and a divorce in Virginia?
An annulment declares the marriage legally invalid from the beginning (void), while a divorce legally ends a valid marriage. Annulment grounds, like bigamy or fraud under Va. Code § 20-89.1, must have existed at the time of the wedding.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For fraud or force, you must generally file within two years of discovering the fraud or being free from duress. For underage marriage without consent, you must file before the minor turns 18. A void marriage lawyer Virginia Beach can advise on specific deadlines for your case.
Can I get an annulment if my spouse lied about wanting children?
Possibly, but Virginia courts set a high bar. The fraud must go to the “essence” of the marriage contract. Misrepresentation about a fundamental matter like intent to have children can be grounds, but you must provide clear and convincing evidence of the deceit.
What happens to our property if our marriage is annulled?
Virginia courts can divide property equitably between the parties, but not under the same “marital property” rules used in divorce. The goal is to reach a fair distribution, often aiming to return parties to their pre-marriage financial position where possible.
Do I need a lawyer for an annulment in Virginia Beach?
Yes. Annulment law is complex, with strict procedural rules and evidence standards for proving grounds like fraud or incapacity. An experienced marriage annulment lawyer Virginia Beach can handle the Circuit Court process and protect your rights.
Related Legal Information
If you are considering other family law options, learn more about Virginia divorce law. For residents in nearby areas, our firm also serves Henrico County and Chesterfield County. If you are facing other legal issues in Virginia Beach, we assist with criminal defense and DUI charges. Visit our Richmond office page for more location details.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Virginia Beach cases are handled by our Virginia marriage annulment practice, where the whole process is set out.