Virginia Annulment Lawyer — Can Your Marriage Be Annulled?
A Virginia annulment lawyer from Law Offices Of SRIS, P.C. can help you determine if your marriage qualifies for annulment under state law. An annulment legally declares a marriage void, as if it never existed, based on specific grounds defined in the Virginia Code. Our family law attorneys provide clear guidance on this complex area of domestic relations.
Virginia Annulment Law and Grounds
In Virginia, an annulment is a legal decree that a marriage is invalid from its beginning. Unlike a divorce, which ends a valid marriage, an annulment erases it. The grounds for annulment are strict and limited by statute.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
The primary statute governing annulments is Va. Code § 20-45.1. This law outlines specific void and voidable marriages. A void marriage is invalid regardless of any court order (e.g., bigamy or incest). A voidable marriage is valid until a court annuls it based on a legal defect existing at the time of the marriage.
- Consult with a family attorney: Discuss your situation to confirm if annulment grounds apply.
- File a Complaint: Your lawyer files a formal complaint in the correct Circuit Court, stating the grounds.
- Serve the Other Party: The complaint must be legally delivered to your spouse.
- Present Evidence: At a hearing, you must prove the grounds with documentation and testimony.
- Court Decree: If the judge agrees, they will enter a Decree of Annulment.
- Address Ancillary Issues: The court may also decide on property, support, or children if applicable.
Common Grounds for Annulment in Virginia
In Virginia, an annulment is granted only for specific legal defects present at the time of the marriage, such as bigamy, underage marriage without consent, or incapacity to consent.
| Grounds for Annulment | Type | Key Details |
|---|---|---|
| Bigamy | Void | One party was already legally married. |
| Incest | Void | Parties are too closely related by blood or adoption. |
| Underage Marriage | Voidable | A party was under 18 without required parental/guardian consent and court approval. |
| Mental Incapacity | Voidable | A party lacked the mental capacity to understand the marriage contract. |
| Force, Duress, or Fraud | Voidable | Consent to marry was obtained through coercion or deception about a vital aspect of the marriage. |
| Physical Incapacity | Voidable | A party was permanently physically incapable of consummating the marriage, unknown to the other. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Virginia Family Law Team
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to your case. Mr. Sris, our managing attorney and a former prosecutor, personally played a role in amending Va. Code § 20-107.3, Virginia’s equitable distribution statute, demonstrating deep involvement in family law at the legislative level. This background is invaluable when handling complex annulment cases that may involve intertwined property issues.
Our firm has a documented record of favorable outcomes in family law matters. While results vary, our approach is thorough and client-focused. A family court lawyer from our team, like Mr. Sris, provides valuable insight from both sides of the courtroom. We understand the evidence needed to meet the “clear and convincing” standard required for an annulment.
Local Presence for Statewide Annulment Cases
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 clients across all Virginia communities. Whether you are in Northern Virginia, Central Virginia, or the Shenandoah Valley, our Virginia annulment lawyers are accessible. We offer 24/7 phone consultations at (888) 437-7747, with meetings scheduled by appointment only at our various Virginia locations.
Virginia Annulment FAQs
What is the difference between an annulment and a divorce in Virginia?
Yes, there is a major difference. A divorce ends a legally valid marriage. An annulment declares that a valid marriage never existed due to a specific legal defect present 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 file within two years of discovering the fraud or being free from the force. For underage marriage, you must file before the underage party turns 18. For physical incapacity, you must file within one year of marriage. A domestic relations lawyer can advise on your specific timeline.
Can I get an annulment if my marriage was never consummated?
Possibly, but it is not automatic. Virginia law allows annulment for a spouse’s permanent physical incapacity to consummate the marriage, if that condition was unknown to the other spouse at the time of marriage. You must file within one year and prove the incapacity is permanent.
What happens to property and children after an annulment?
The court has the power to make orders regarding property division, child custody, and support, similar to a divorce. Even though the marriage is voided, the court must resolve these practical issues, especially when children are involved. This is where experienced family law help is critical.
Do I need a lawyer for an annulment in Virginia?
Yes. Annulment law is complex, with strict procedural rules, evidence standards, and short filing deadlines. An experienced Virginia annulment lawyer can assess your grounds, gather necessary evidence, and guide you through the Circuit Court process to protect your rights.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.