Marriage Annulment Lawyer Chesterfield County — Is Your Marriage Void?
A marriage annulment in Chesterfield County legally declares a marriage void under Virginia law, as if it never existed. Grounds include bigamy, incest, underage marriage without consent, or mental incapacity per Va. Code § 20-89.1. Law Offices Of SRIS, P.C. provides experienced legal guidance for filing a marriage annulment petition in Chesterfield County. Our Richmond location serves clients at the Chesterfield County Circuit Court.
Last verified: April 2026 | Chesterfield County Circuit Court | Virginia General Assembly
An annulment is distinct from divorce; it is a legal decree that a valid marriage never occurred. Virginia law specifies strict grounds for annulment, categorized as void or voidable marriages. A void marriage is invalid from the outset, such as a bigamous union. A voidable marriage, like one involving fraud or incapacity, is valid until a court annuls it. The process requires filing a formal complaint in the Circuit Court where either party resides.
Understanding whether your situation qualifies for an annulment versus a divorce is a critical first step. A marriage annulment lawyer Chesterfield County can assess the specific facts of your case against the statutory requirements.
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ToggleVirginia Annulment Law and Grounds
Virginia statutes provide the legal foundation for annulments. The primary law is Va. Code § 20-89.1, which outlines the grounds for annulment. These are split into void marriages (absolutely invalid) and voidable marriages (subject to court annulment).
Void Marriages (No legal effect):
- Bigamy (one party was already legally married).
- Incest (marriage between certain close relatives).
- Marriage where a party is under 16 and lacks required court consent.
Voidable Marriages (May be annulled by court order):
- Underage marriage (party aged 16 or 17 without parental/guardian consent).
- Mental incapacity at the time of marriage.
- Physical incapacity (impotency) that is incurable and unknown to the other party.
- Fraud, force, or coercion used to induce the marriage.
For a voidable marriage, the petition must be filed within specific time limits after discovering the grounds. Consulting a void marriage lawyer Chesterfield County is essential to handle these deadlines and procedural rules.
The Annulment Process in Chesterfield County Circuit Court
The procedural steps for an annulment in Chesterfield are similar to a divorce but focus on proving the marriage was invalid.
- Case Evaluation: An attorney reviews your situation to determine if you have valid grounds for annulment under Virginia law and advises on the strength of your case.
- Filing the Complaint: Your lawyer prepares and files a “Complaint for Annulment” with the Chesterfield County Circuit Court, paying the required filing fee (approximately $86).
- Service of Process: The other spouse must be formally served with the complaint and a summons, giving them an opportunity to respond.
- Discovery and Evidence Gathering: If the case is contested, both sides exchange information. Your attorney will gather evidence such as marriage certificates, prior divorce decrees (for bigamy), medical records, or witness statements.
- Hearing or Trial: The judge will hold a hearing to consider the evidence. For uncontested annulments where the other party does not respond or agrees, the process can be simpler.
- Final Decree: If the judge finds grounds for annulment, they will enter a “Decree of Annulment,” legally declaring the marriage null and void.
Why Choose Our Firm for Your Annulment Case
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to complex family law matters. 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 have a documented record of 4,739+ case results firm-wide with a 93%+ favorable outcome rate.
Results may vary. Prior results do not aim for a similar outcome.
In Chesterfield County, we have 15 total documented case results across all practice areas. For annulment and complex family law matters, our team provides focused, knowledgeable representation. Secondary attorney Samantha Rae Powers, a Virginia and Florida Bar member with a Ph.D. in Communication, brings over 18 years of experience to case strategy and client advocacy.
Samantha Rae Powers
Of Counsel, Family Law
Virginia Bar 2023 | Florida Bar 2005 | J.D./M.A. University of Florida 2005 | Ph.D. Communication UCSB 2017 | 18+ years experience
Samantha focuses her practice on Virginia family law, including annulment, divorce, and complex property division. Her advanced background in communication aids in negotiating settlements and presenting clear arguments in court.
Local Presence for Chesterfield County Residents
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
Phones 24/7/365; Office by appointment.
By appointment only.
Our Richmond location serves clients throughout Chesterfield County, including Midlothian, Chester, Colonial Heights, Bon Air, Brandermill, and Moseley. We are accessible via I-95, I-295, and Route 360. If you need a marriage annulment lawyer Chesterfield County residents trust for local court knowledge, we offer 24/7 phone consultations and in-person meetings by appointment.
Annulment Lawyer Chesterfield County FAQs
What is the difference between an annulment and a divorce in Virginia?
An annulment legally declares a marriage void, as if it never existed. A divorce dissolves a valid marriage. Grounds differ: annulments require proving specific void/voidable conditions like bigamy or fraud at the time of marriage.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For fraud, you typically must file within two years of discovering it. For underage marriage without consent, you must file before the underage party turns 18. A lawyer can advise on your specific deadline.
Can I get an annulment if my spouse lied about wanting children?
Possibly. Fraudulent inducement into marriage can be grounds for annulment if the lie goes to the essence of the marriage contract. Virginia courts have granted annulments for fraud regarding a spouse’s intent to have children. Evidence is crucial.
What happens to property and children after an annulment?
Virginia courts can still decide issues of property division, child custody, and support under the “annulment” statute (Va. Code § 20-89.1). The court treats the parties as if they were married for the purpose of resolving these ancillary matters.
Do I need a lawyer to file a marriage annulment petition in Chesterfield County?
Yes. Annulment law is complex, with strict pleading and proof requirements. The Chesterfield County Circuit Court process is formal. A marriage annulment petition lawyer Chesterfield County ensures your complaint is properly filed, evidence is gathered, and your rights are protected.
For more information on Virginia family law, visit the Virginia Judicial System website.
Related Pages: Virginia Family Law Lawyer | Henrico County Family Lawyer | Chesterfield County Criminal Defense Lawyer
Last verified: April 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Chesterfield County cases are handled by our Virginia marriage annulment practice, where the whole process is set out.