Annulment Lawyer in Virginia — What Are Your Legal Options?
An annulment in Virginia is a legal declaration that a marriage was never valid under Va. Code § 20-89.1. Grounds include bigamy, incest, underage marriage without consent, mental incapacity, or fraud. Law Offices Of SRIS, P.C. provides full representation for annulment cases statewide. Our family law help is available by appointment.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
An annulment, distinct from divorce, legally erases a marriage as if it never existed. Virginia law provides specific, narrow grounds for this remedy. Successfully proving these grounds requires precise legal arguments and evidence presentation in the appropriate Circuit Court. A skilled domestic relations lawyer is essential to handle this complex area of family law.
Virginia Annulment Law and Grounds
Virginia statutes outline the exclusive grounds for annulment. The most common is fraud that goes to the essence of the marriage contract. For instance, one party concealing an intent not to have children or hiding a severe addiction at the time of marriage may constitute fraud. Other grounds include a prior existing marriage (bigamy), a marriage between close relatives (incest), or a party being under the age of 18 without proper consent and court approval. Mental incapacity to consent at the time of the marriage is also a valid ground. You can review the official Virginia General Assembly statutes on annulment at Va. Code § 20-89.1. For specific court filing procedures, consult the Virginia Judicial System website.
- Consult with an experienced annulment lawyer to evaluate if your situation meets Virginia’s legal grounds.
- Your attorney will gather necessary evidence, such as documents proving bigamy, medical records for incapacity, or witness statements for fraud.
- File a formal Bill of Complaint for Annulment in the Circuit Court where either party resides.
- Serve the complaint on the other spouse and proceed through any necessary hearings to present evidence before a judge.
- If granted, the court enters a Decree of Annulment, legally voiding the marriage.
In Virginia, an annulment does not carry statutory penalties like a criminal case, but it legally nullifies a marriage, affecting property rights, spousal support, and legitimacy of children from the union.
| Ground for Annulment | Legal Standard | Key Consideration |
|---|---|---|
| Bigamy | One party was legally married to another person at the time. | Requires proof of the prior, undissolved marriage. |
| Incest | Parties are related within prohibited degrees (e.g., siblings, parent-child). | Absolute prohibition; no time limit to file. |
| Underage Marriage | A party was under 18 without both parental consent and court approval. | The underage party can seek annulment before turning 18. |
| Mental Incapacity | Inability to understand the nature, duties, and consequences of marriage. | Must be proven at the exact time of the marriage ceremony. |
| Fraud | Intentional deception about a fact central to the marriage agreement. | Must be discovered after marriage; filed within 2 years of discovery. |
Results may vary. Prior results do not aim for a similar outcome.
Virginia Family Law Experience
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to family law matters. Mr. Sris personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in the evolution of state family law. Our firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate across our service areas.
Our firm’s founder, Mr. Sris, a former prosecutor with a background in accounting and information systems, provides strategic oversight on complex financial aspects that can arise in annulment cases, such as untangling commingled assets. His unique skill set is invaluable when annulment involves allegations of financial fraud or complex property claims.
Contact Our Virginia Annulment Lawyers
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
We serve all Virginia communities. Contact us for a consultation regarding your annulment case. Our family court lawyer team is available for 24/7 phone consultations at (888) 437-7747. Meetings are held by appointment only at our Fairfax location or other meeting offices across the state.
Virginia Annulment Lawyer FAQs
Do I need a family law lawyer in Virginia for an annulment?
Yes. Annulment cases in Virginia require experienced legal representation to prove specific statutory grounds like fraud or incapacity. SRIS has documented case results across VA with over 93% favorable outcomes. Consultation by appointment — (888) 437-7747.
What is the difference between an annulment and a divorce in Virginia?
An annulment declares the marriage void from the beginning, while a divorce dissolves a valid marriage. Annulment has specific grounds like bigamy or fraud, whereas divorce can be based on separation or fault. The legal and financial consequences differ significantly.
How long do I have to file for an annulment in Virginia?
It depends on the ground. For fraud, you must file within two years of discovering the deception. For underage marriage, the underage party must file before turning 18. For incest or bigamy, there may be no specific time limit, but prompt action is advised.
Can I get spousal support after an annulment in Virginia?
Generally, no. Since an annulment voids the marriage, typical spousal support rights arising from a valid marriage do not apply. However, a court may order temporary support during the pendency of the case under certain equitable principles.
What happens to property after an annulment in Virginia?
Virginia’s equitable distribution laws (Va. Code § 20-107.3) apply to divorce, not annulment. The court will typically attempt to restore parties to their pre-marriage financial positions, which can involve complex tracing of assets and may lead to claims for constructive trust or restitution.
For more information on related legal services, see our Virginia Family Law hub page. We also assist clients with other matters; consider a Virginia traffic lawyer or a divorce lawyer in Fairfax County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.