The right way to annul a marriage in VA – Talk to our lawyers now!
Marriage dissolutions have become strangely common all across the globe. It is prudent and effective to opt for separations rather than surviving failed marriages. A failed matrimony can be terminated by a divorce or annulment in VA. But a large number of individuals are not aware of the fact that divorce & annulment in VA are two completely distinct legal entities. A divorce is a legal nullification of a marriage that was once deemed successful. Matrimonies that seem non-functional and incompatible right from the start shall be annulled. Thus, an annulment in VA ca be termed as the termination of a marriage that was never productive right from the start.
An annulment in VA includes numerous legal processes and requirements. But the lawyers at the Law Offices of SRIS, P.C. are adept in simplifying any annulment-related legal obligation. An annulment attorney assists the clients in acquiring an annulment in VA. Most importantly, only the knowledgeable lawyer at the Law Offices of SRIS, P.C., can identify whether a couple is eligible for it or not.
Dealing with Annulment in VA
The family law has recognized a definite set of grounds based on which a husband/wife could seek an annulment in VA. Here are a few of them for your perusal:
- If one of the partners was compelled by the other to enter into the matrimony. Duress can either be through physical scourges or emotional blackmails. The plaintiff needs to prove beyond doubt and with evidence that the marriage wouldn’t have made it to the papers in the first place if the addressed duress never happened. Additionally, the requesting marital parties should submit proof that they did not consciously or willingly give consent to marry their partners.
- A marriage not lawfully licensed as per the prerequisites of the Virginian family law is qualified for an annulment in VA.
Invalid matrimonies – A brief outlook
Not every two Virginian citizens may be eligible to enter into valid matrimony in Virginia. The state legislation prohibits marriage between certain individuals and it goes without saying that a marriage that falls under this category is qualified for an annulment in VA.
The following are some of the different kinds of invalid marriages:
- If the marriage involved partners, who were too closely related to each other namely siblings, children, parents, aunts/uncles, etc., the couple can opt for an annulment in VA.
- If a partner is already married to another person, the victimized spouse is qualified to seek an annulment in VA.
- If marital parties lacked the physical or mental ability to offer voluntary consent for the said marriages, they are permitted for an annulment in VA.
- If one of the partners was under-aged (below 18 years of age) and had no support or backing from their parents at the time of marriage, the said minor is lawfully allowed to request an annulment in VA.
Only a spouse whose consent was neglected can proceed with an annulment in VA.
In several cases, masking off of critical info could also serve as a ground for an annulment in VA. The state legislation condemns marital cheating Virginia. A large number of annulments are registered on the grounds of cheating Virginia. Listed herein are some of the pieces of info that which not revealed before the marriage can make it invalid in Virginia.
- If the female partner was carrying the child of someonelse other than the groom at the time of marriage. Here, the husband should have been oblivious of the fact that the wife was pregnant with a child during the actual marriage.
- If the male partner impregnated a woman other than the bride, and the child was delivered within ten months from the date of matrimony. Here, the wife should have had zero knowledge of the concerned affair of the husband at the time of marriage.
- If a partner was impotent ahead of the marriage or during the wedding, the concealed sexual incapability can be used as a ground to seek an annulment in VA.
- If a marital party was found to have been prosecuted for and found guilty of a felony in Virginia, the inflicted criminal record can be referred to as a reason for an annulment in VA.
- If a spouse was working as a sex worker before the wedding, the other partner is eligible to opt for an annulment in VA.
The first two grounds mentioned above directly address marital cheating Virginia. If a spouse continued to live with the alleged partner even after learning about the withheld details, the concealed information can no longer be qualified for an annulment in VA. If a partner continued to stay with the accused partner for more than 24 months from the date at which concealed information was brought to light, the former is no longer eligible to seek an annulment in VA. But the time restrictions do not apply for an annulment that is specifically filed on the grounds of incest or infidelity. To know more, talk to our attorneys at the Law Offices of SRIS, P.C.
Processing an annulment in VA
Initially, the spouse or the couple collectively should register a complaint at a circuit court in Virginia. The complaint that requests an annulment in VA must be submitted to the court that is situated in the county in which the plaintiff or defendant resides. The plaintiff or defendant should have lived for a minimum of 6 months in the county in which the request is filed.
The following are some of the details that should be mandatorily included in the complaint papers:
- The full name of both the marital parties.
- The contact information of both the partners.
- All details related to the marriage that is to be annulled, like the exact date, venue, etc.
- The details of the spouse, who lives in the county at which the papers are lodged.
- The spouse can request the circuit court judge to adjudge appropriate child support plans.
- The spouse cannot acquire help from a judge to process asset division or alimony while seeking an annulment in VA.
- The grounds for the sought annulment in VA. Here, the spouse will be required to submit proof for the stated ground like cheating Virginia, withheld information, illegal marriage, etc.
The complaint papers are then served to the defending husband or wife. The office of the clerks at the Superior court of the considered county can take care of these serving processes. The plaintiff can serve the defendant with these papers even when the latter resides in a foreign state or is untraceable. Finally, the couple will be called for a hearing at the Superior court. During this hearing, the plaintiffs will be expected to validate their reasons for the sought annulment. If the defendant is accused of cheating Virginia, the annulment-desiring spouse should prove that the former was having an affair with a third party during or after the said marriage. If the judge finds the evidence submitted by the plaintiff convincing and legitimate, the former is granted an annulment in VA.
The attorneys at the Law Offices of SRIS, P.C. offer the skilled advocacy needed at the most reasonable prices. The lawyers here are acquainted with the processing of an annulment in VA.