Marriage Annulment Lawyer Lexington — Is Your Marriage Void or Voidable?
A marriage annulment in Lexington, Virginia, legally declares a marriage void under specific grounds in Va. Code § 20-89.1, unlike a divorce which ends a valid marriage. Law Offices Of SRIS, P.C. has 14 documented case results in Lexington. If you need to file a marriage annulment petition, a skilled marriage annulment lawyer Lexington can protect your rights. Contact us for a 24/7 consultation.
Virginia Annulment Law and Legal Grounds
An annulment is a court order stating your marriage was never legally valid from the start. Virginia law distinguishes between void marriages (illegal and invalid automatically) and voidable marriages (valid until annulled by a court). The grounds are strictly defined by statute.
Last verified: April 2026 | Lexington Circuit Court | Virginia General Assembly
The firm’s founder, Mr. Sris, is a former prosecutor who founded the practice in 1997. His background provides a strategic advantage in family law proceedings.
Official Legal Resources
For the full text of Virginia’s marriage and annulment statutes, refer to Va. Code § 20-89.1 (official Virginia General Assembly site). All annulment cases for Lexington residents are filed at the Lexington Circuit Court.
The Annulment Process in Lexington Circuit Court
Filing a marriage annulment petition in Lexington requires proving specific statutory grounds. The process differs from divorce, as there is no division of marital property under equitable distribution laws, though issues like child custody and support may still be addressed. The court scrutinizes petitions closely to prevent misuse of the annulment process to avoid divorce obligations.
- Consult with a Lexington Annulment Attorney: Review your situation to determine if you have valid grounds for an annulment versus a divorce.
- Gather Necessary Evidence: Collect all documentation, such as proof of bigamy, evidence of fraud, or medical records regarding impotence or lack of consent.
- File the Annulment Complaint: Your attorney will prepare and file the formal complaint with the Lexington Circuit Court, outlining the specific grounds under Va. Code § 20-89.1.
- Serve the Other Party: The complaint must be legally served on your spouse, who then has time to file an answer.
- Attend Court Hearings: Depending on whether the case is contested, you may attend hearings where a judge will evaluate the evidence and testimony.
- Obtain the Final Decree: If the judge grants the annulment, a final decree of annulment will be issued, legally declaring the marriage null.
Grounds for Annulment in Virginia
In Lexington, a marriage annulment is granted only for specific reasons defined by Virginia law as making a marriage either void or voidable.
| Grounds for Annulment | Type (Void/Voidable) | Key Legal Points | Time Limit to File |
|---|---|---|---|
| Bigamy (one spouse already married) | Void | Marriage is automatically invalid; no time limit to challenge. | None |
| Incest (prohibited degrees of kinship) | Void | Marriage is automatically invalid under Va. Code § 20-38.1. | None |
| Underage marriage without required court consent | Voidable | The underage party or their parent/guardian can seek annulment. | Before the minor reaches the age of majority |
| Mental incapacity at time of marriage | Voidable | Must prove inability to understand the marriage contract. | Upon regaining capacity or by legal guardian |
| Fraud (goes to the essence of marriage) | Voidable | Must prove deliberate misrepresentation (e.g., intent not to have children). | Upon discovery of fraud |
| Force or duress | Voidable | Must prove consent was obtained through coercion. | Upon removal of the threat |
| Physical incapacity (impotence) and refusal to correct | Voidable | Must be incurable and unknown to the other spouse at marriage. | Within one year of marriage |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Lexington Annulment Attorneys
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. Our firm has a documented record of 4,739+ case results with a 93%+ favorable outcome rate firm-wide. In Lexington, we have 14 documented case results. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep involvement in Virginia family law.
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 Results in Lexington
Our firm has a strong record of achieving positive outcomes for clients in Lexington courts. We have secured dismissals (nolle prosequi) and charge reductions in local cases. For example, we have successfully had reckless driving charges reduced to lesser offenses like improper driving in Lexington General District Court. Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, the firm’s managing attorney and a former prosecutor, provides strategic oversight on complex cases, ensuring every client benefits from his extensive experience.
Contact Our Lexington Annulment Lawyers
Our Richmond location serves clients with matters at the Lexington courts on 2 South Main Street. We are accessible via I-81 and I-64. We serve the Lexington community and surrounding areas.
Marriage annulment lawyer near Lexington – available for consultations.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Lexington Marriage Annulment FAQs
What is the difference between an annulment and a divorce in Virginia?
An annulment declares the marriage legally invalid from the start (void), while a divorce ends a legally valid marriage. Annulments are granted only for specific grounds like bigamy, fraud, or incapacity defined in Va. Code § 20-89.1.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For void marriages (bigamy, incest), there is no time limit. For voidable marriages (fraud, impotence), time limits apply—for example, one year from marriage for impotence, or upon discovery of fraud. A void marriage lawyer Lexington can advise on specific deadlines.
Can I get an annulment if my spouse lied to me?
Possibly, but only if the fraud goes to the “essence” of the marriage contract. Virginia courts do not grant annulments for minor deceptions. Examples include lying about the intent to have children or concealing a severe addiction at the time of marriage.
What happens to our children if our marriage is annulled?
An annulment does not negate parental rights or responsibilities. The Lexington Juvenile and Domestic Relations Court will still establish custody, visitation, and child support orders for any children born of the annulled marriage, just as in a divorce.
Do I need a lawyer to file a marriage annulment petition in Lexington?
Yes. The process is complex and requires strict adherence to statutory grounds and court procedure. An experienced marriage annulment petition lawyer Lexington can gather necessary evidence, draft proper pleadings, and represent you in Lexington Circuit Court.
Related Legal Help in Lexington
If you are dealing with other family law issues, our firm provides full representation. Learn more about Virginia family law. For help in nearby jurisdictions, see our pages for Henrico County family law and Chesterfield County family law. For other legal needs in Lexington, consider our Lexington criminal defense lawyers or Lexington DUI attorneys.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.