Annulment Lawyer Chesterfield County, VA
You got married in Chesterfield County, and now you are facing the distressing possibility that your marriage is not legally valid. Maybe you discovered your spouse was still married to someone else at the time of your ceremony. Or you were misled about a fundamental fact that changes everything. Whatever the reason, you are looking for clarity — and a path forward. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys help individuals in Chesterfield County and throughout Virginia pursue annulments when legal grounds exist. Speak with us about your situation: call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Your Options When a Marriage Is Not Valid
In Virginia, an annulment is not the same as a divorce. A divorce ends a valid marriage; an annulment declares the marriage was never legally binding in the first place. The grounds for an annulment are narrow, set out in Va. Code § 20-89.1. The statute lists specific impediments — bigamy, underage parties, mental incapacity, fraud, duress, or a spouse’s impotence — that make a marriage void or voidable. If your situation falls within one of those categories, you can petition the Chesterfield County Circuit Court for a decree of annulment.
Mr. Sris and his Of Counsel take a direct approach. We learn the facts of your marriage, examine whether a statutory ground applies, and advise you honestly about the likelihood of obtaining an annulment versus needing to file for divorce. Some people contact us because of a religious or personal desire for an annulment, but you must still meet the legal standard under Virginia law. The firm represents clients at the Chesterfield County Circuit Court, located at 9500 Courthouse Road, Chesterfield, Virginia. For guidance on your particular circumstances, call (888) 437-7747.
What to Expect During an Annulment Case in Chesterfield County
Annulment proceedings are civil actions filed in the circuit court of the county where you or your spouse lives. Virginia requires that at least one party be a bona fide resident and domiciliary of the Commonwealth for six months before you can file (Va. Code § 20-97). Your petition must state the specific ground for annulment and provide supporting facts.
Once the complaint is filed and served on your spouse, the court will schedule a hearing. In an annulment case, you will need to present evidence — documents, witness testimony, or experienced attorney opinions — proving the impediment existed at the time of the marriage. The judge then decides whether to declare the marriage void. Children born of an annulled marriage are still considered legitimate, and the court can address property rights, custody, and support in the same proceeding. Because these hearings are fact-intensive, working with an experienced family law attorney can make a meaningful difference in how smoothly the process goes.
Annulment Consequences and What the Court Considers
If the Circuit Court grants an annulment, the marriage is treated as though it never legally existed. That outcome can affect property, status, and future legal relationships. Virginia is an equitable-distribution state, so the court may still divide property acquired during the putative marriage according to the factors in Va. Code § 20-107.3. The court also retains authority to decide custody and child support arrangements if the couple has minor children.
Because annulment cases often involve sensitive personal information — medical history, financial records, proof of fraud — Mr. Sris and his Of Counsel handle these matters with discretion. We prepare you for the hearing, help you gather the necessary evidence, and present your case clearly to the court. The firm does not guarantee any particular outcome; every annulment request is decided by the judge based on the unique facts presented. Results may vary.
Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced family law in Virginia since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His work on behalf of clients in Chesterfield County and across the Commonwealth includes divorce, custody, support, and annulment matters.
The firm’s Of Counsel attorneys bring additional depth to family-law representation. They contract directly with Law Offices Of SRIS, P.C. and appear in Virginia courts to advocate for clients. While Mr. Sris leads the firm’s strategy, his Of Counsel help ensure that every case receives thorough preparation and attentive service. Together, Mr. Sris and the firm’s Of Counsel attorneys have extensive combined legal experience. Results may vary.
Frequently Asked Questions About Annulment in Chesterfield County
Can I get an annulment instead of a divorce in Virginia?
Yes, but only if your marriage is void or voidable under one of the specific grounds listed in Va. Code § 20-89.1. Common grounds include bigamy, underage marriage without proper consent, mental incapacity, fraud, duress, and impotence. If none of those apply, you may need to pursue a divorce instead. An experienced family law attorney can evaluate your circumstances and tell you whether an annulment is a viable option in your case.
What is the difference between a civil annulment and a religious annulment?
A civil annulment is a court decree declaring the marriage legally void, while a religious annulment is a church ruling that the marriage was sacramentally invalid. The two processes are entirely separate. You may obtain a religious annulment through your faith tradition, but that has no effect on your legal marital status. To end the legal marriage, you must file a civil annulment or divorce petition in the Chesterfield County Circuit Court.
How long does an annulment take in Chesterfield County?
The timeline varies depending on whether the respondent contests the annulment, the court’s calendar, and the complexity of the evidence. An uncontested annulment with a signed waiver of service and a prompt hearing may resolve in a few months. A contested annulment requiring a full trial will take longer. Mr. Sris and his Of Counsel work to present your case efficiently while giving you a realistic picture of what to expect.
Do I need to be a Virginia resident to file for annulment here?
One party to the marriage must have been a bona fide resident and domiciliary of Virginia for at least six months before filing. This residency requirement is set out in Va. Code § 20-97 and applies to both divorce and annulment. If neither you nor your spouse meets the six-month residency, you may need to file in the state where the parties reside. We can help you determine the correct jurisdiction.
What happens to property and children when a marriage is annulled?
Even though the marriage is declared void, the court can still divide property and decide child custody and support. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. Virginia law treats children of an annulled marriage as legitimate. The Chesterfield County Circuit Court has authority under Va. Code § 20-107.3 to make an equitable distribution of property acquired during the relationship. Custody and support are decided based on the best interests of the child, using the same factors that apply in a divorce.
Should I hire a lawyer for an annulment in Chesterfield County?
While you are not required to have a lawyer, an annulment case involves technical legal standards and evidentiary burdens that can be challenging to manage on your own. An attorney can help you gather the necessary proof, draft the complaint correctly, and present your case effectively in court. Law Offices Of SRIS, P.C. offers consultations by appointment to discuss your situation and the potential path forward.
Can a marriage be annulled after a divorce?
No. Once a court grants a divorce, the marriage is terminated; an annulment is no longer available. An annulment seeks to declare the marriage void from the beginning, so it must be pursued while the marriage exists. If you have already been divorced, your legal remedy was the divorce. For questions about modifying divorce decrees, speak with a family law attorney.
What if my spouse and I both want an annulment?
An uncontested annulment where both parties agree still requires a court hearing and proof of a statutory ground. The judge must find, based on the evidence, that the marriage is indeed void or voidable under Virginia law. If both parties cooperate, the process can be streamlined — for example, your spouse may waive formal service of process and sign a consent pleading. But even in an agreed case, you need to present credible evidence supporting the annulment ground.
For a personalized discussion of your annulment options, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Speak with an Annulment Attorney Serving Chesterfield County
Mr. Sris and the firm’s Of Counsel attorneys represent individuals in Chesterfield County and throughout Virginia in annulment, divorce, custody, and related family-law matters. Call (888) 437-7747 to request a consultation. The Richmond location of Law Offices Of SRIS, P.C. is at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. By appointment only.
If your family law needs extend to neighboring counties, learn about our approach in Henrico County, Hanover County, and the City of Richmond.
Virginia statutory citations referenced on this page can be verified through Virginia Code Title 20 (Domestic Relations) and the Chesterfield County Circuit Court website.
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.