Marriage Annulment Lawyer Henrico County — Is Your Marriage Void?
A marriage annulment in Henrico County legally declares a marriage void or voidable under Virginia law, as defined in Va. Code § 20-89.1. This differs from divorce by erasing the marriage as if it never existed. The Law Offices Of SRIS, P.C. provides experienced legal guidance for annulment petitions in Henrico County Circuit Court.
Virginia Annulment Law and Grounds
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
Virginia law provides specific grounds for annulment, which are stricter than those for divorce. An annulment is not simply a “quick divorce”; it requires proving the marriage was legally invalid from its start. The primary statute governing annulments is Va. Code § 20-89.1. Grounds include bigamy (one party was already married), incest, underage marriage without proper consent, mental incapacity at the time of marriage, fraud, duress, or physical incapacity to consummate the marriage. A void marriage lawyer Henrico County can assess whether your situation meets these legal standards. The process is handled in the Henrico County Circuit Court, located at 4301 East Parham Road.
External Legal Resources
For the official Virginia statute on annulment, refer to the Virginia Code § 20-89.1. For court-specific forms and filing procedures, visit the Henrico County Circuit Court website.
Annulment Process in Henrico County
The process for an annulment differs significantly from a divorce. It begins with filing a formal complaint in the Henrico County Circuit Court, outlining the specific grounds for annulment. Evidence must be gathered to support the claim, such as marriage certificates, proof of a prior existing marriage for bigamy, or medical records for incapacity. Unlike a no-fault divorce, you cannot obtain an annulment based on separation alone; you must prove a defect existed at the time of the wedding.
- Consult with an Attorney: Have a marriage annulment petition lawyer Henrico County review your case to determine if valid grounds exist.
- File a Complaint: Your attorney will draft and file a complaint for annulment with the Henrico County Circuit Court clerk.
- Serve the Other Party: The complaint must be legally served on your spouse, who then has time to file an answer.
- Gather Evidence: Collect all necessary documentation, such as prior marriage records, proof of age, or experienced testimony, to support your case.
- Court Hearing: Attend a hearing where a judge will review the evidence and arguments before granting or denying the annulment decree.
- Final Decree: If granted, the court issues a final decree of annulment, legally declaring the marriage null and void.
Potential Outcomes and Considerations
In Henrico County, a successful annulment results in the marriage being erased, which can affect property rights, spousal support, and the legitimacy of children differently than a divorce.
While an annulment declares a marriage invalid, the court may still issue orders regarding property division, support, and custody of children born during the marriage. Virginia law presumes children born during a marriage that is later annulled are legitimate. The division of property is not governed by equitable distribution laws (Va. Code § 20-107.3) but rather by principles of equitable restitution, aiming to return parties to their pre-marriage financial position where possible.
Results may vary. Prior results do not guarantee 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. Mr. Sris personally played a role in amending Virginia’s key equitable distribution statute, Va. Code § 20-107.3, demonstrating a deep understanding of Virginia family law at the legislative level. Our firm has a documented record of favorable outcomes in family law cases.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Experience in Henrico County
Our attorneys have represented clients across various legal matters in Henrico County courts. For instance, we have successfully secured dismissals for reckless driving charges and reductions for drug possession and DUI offenses in Henrico General District Court. This local courtroom experience is invaluable when handling the procedural nuances of the Henrico County Circuit Court for an annulment petition. Mr. Sris, the firm’s founder, provides strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Henrico County Annulment Attorneys
Our Richmond location serves clients throughout Henrico County, including Glen Allen, Short Pump, and Innsbrook. We are accessible via I-64, I-95, and I-295. If you need a marriage annulment lawyer Henrico County, we offer 24/7 phone consultations.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions
What is the difference between an annulment and a divorce in Virginia?
A divorce ends a valid marriage, while an annulment declares the marriage was never legally valid from the beginning. Annulment grounds are specific, like bigamy or fraud, and are outlined in Va. Code § 20-89.1.
How long does an annulment take in Henrico County?
It depends on the complexity and whether the case is contested. An uncontested annulment with clear evidence can be resolved in a few months. A contested case requiring hearings and discovery can take significantly longer, similar to a contested divorce timeline.
Can I get an annulment if my spouse lied to me?
Possibly, but not all lies qualify. Virginia law requires the fraud to go to the “essence” of the marriage—such as lying about the desire to have children or one’s identity—not merely exaggerating income or status. A void marriage lawyer Henrico County can evaluate your claim.
What happens to property and debt after an annulment?
Virginia courts do not apply equitable distribution (Va. Code § 20-107.3) to annulled marriages. Instead, they use principles of equitable restitution to try to return assets and allocate debts in a way that restores each party to their pre-marriage financial position, which can be a complex process.
Do I need a lawyer to file for an annulment?
Yes. Annulment law is complex and the burden of proof is high. A marriage annulment petition lawyer Henrico County ensures proper grounds are cited, evidence is correctly presented, and all procedural rules of Henrico County Circuit Court are followed to protect your rights.
For more information, see our pages on Virginia Family Law, Family Law in Chesterfield County, or Criminal Defense in Henrico County.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. for current legal guidance.