Annulment Lawyer Virginia, VA

You stood before friends and family, exchanged vows, and began building a life together – but now you have discovered something that calls the entire marriage into question. Maybe your spouse concealed a prior marriage that wasn’t legally dissolved, or perhaps the union was entered into under conditions you didn’t freely consent to. The weight of that discovery can feel overwhelming. You may be asking whether you even need a divorce, or whether your marriage can be declared void from the start. In Virginia, an annulment is the legal mechanism that addresses exactly that – it treats the marriage as though it never existed. Law Offices Of SRIS, P.C. Concentrates in family law matters including annulment proceedings. If you are trying to understand your options, call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

On this page

What Annulment Means in Virginia

An annulment is not simply an alternative to divorce; it is grounded on the premise that a legally recognized marriage never came into being. Virginia law distinguishes between void marriages – those that are invalid from the beginning, such as a marriage where one spouse was already married to someone else – and voidable marriages, which are initially valid but can be declared void because of circumstances like fraud, duress, or mental incapacity at the time of the ceremony. The procedural requirements are set out in Virginia’s domestic relations statutes, and the Circuit Court of the county where you or your spouse resides has jurisdiction. You must also satisfy Virginia’s residency requirement of at least six months before filing (Va. Code § 20-97). That means you cannot rush into an annulment the day after you discover the problem; there is a baseline connection you need to have with the Commonwealth.

Because an annulment reaches back and erases the marriage, it can have distinct consequences for property division, spousal support, and even how a court views the legitimacy of children born during the relationship. Unlike most divorces, where marital property is equitably divided under Va. Code § 20-107.3, a truly void marriage may never have created marital property in the eyes of the law. However, Virginia courts retain the ability to address custody, support, and equitable relief in annulment cases, ensuring that children and financially dependent parties are not left unprotected. Every annulment case turns on its specific facts; a thorough understanding of the statutory grounds and how the local Circuit Court handles these matters is essential. Our firm appears in Circuit Courts across Virginia and helps clients present the kind of evidence judges need when determining whether a marriage should be annulled.

How Mr. Sris and His Of Counsel Handle Annulment Cases

Annulment cases often begin with a discovery that feels deeply personal and unsettling. In our practice, the initial focus is on listening to you – understanding the timeline of the relationship, how the marriage came about, and when you learned the information that makes you question its validity. That narrative becomes the foundation for assessing whether Virginia’s annulment grounds apply to your situation. Once we identify a viable legal basis, we prepare a complaint that tells your story within the required statutory framework and file it in the appropriate Circuit Court.

After the complaint is filed and the other party is served, the case proceeds through a series of court events that may include motions, discovery, and ultimately a hearing. Because annulment can involve allegations of fraud or incapacity, gathering documentation and witness testimony is often critical. The firm works with clients to assemble the evidence a court needs – whether that includes marriage records from another jurisdiction, correspondence showing concealment, or medical evaluations where capacity is at issue. The timeline from filing to final decree depends on court scheduling and the complexity of the issues, and we stay in communication with you at each stage. Throughout the process, the focus remains on presenting a clear, fact-based argument that aligns with the statutory requirements.

About Mr. Sris and His Of Counsel

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997. He is a former prosecutor and brings that background to every family law matter, analyzing cases with a disciplined, evidence-focused approach. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His practice includes family law matters across Virginia, Maryland, the District of Columbia, New Jersey, and New York.

Mr. Sris and his Of Counsel bring extensive combined legal experience to annulment and related family law matters. Results may vary. The firm’s Of Counsel attorneys contribute diverse backgrounds, ensuring that clients benefit from a depth of perspective. Whether your case involves complex evidentiary questions or simply requires a clear explanation of Virginia annulment law, our team is prepared to assist. Call (888) 437-7747 to schedule a consultation.

Frequently Asked Questions

What is the difference between an annulment and a divorce in Virginia?

An annulment declares a marriage void or voidable, treating it as if it never legally existed, while a divorce ends a valid marriage. In Virginia, annulment is available only for specific grounds, such as bigamy, fraud, or mental incapacity, whereas divorce can be no-fault after a required separation period. The annulment process is filed in Circuit Court and can address child custody and property division just as a divorce would. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. However, the legal effect of erasing the marriage can alter property characterization and support obligations. For personalized guidance, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

What are the grounds for an annulment in Virginia?

Virginia law recognizes annulment for void marriages (including bigamy and incestuous unions) and voidable marriages (such as those entered into due to mental incapacity, fraud, duress, or when a spouse was underage without proper consent). These grounds appear in Virginia Code Title 20, which governs domestic relations. The distinction matters because void marriages are considered invalid from the start, while voidable marriages require a court action to declare them invalid. An experienced family law attorney can evaluate whether your marriage meets the statutory criteria. Contact Law Offices Of SRIS, P.C. to discuss your situation.

Do I need a lawyer for an annulment in Virginia?

You are not legally required to hire a lawyer for an annulment, but the proceedings involve complex legal standards and court procedures that can be difficult to navigate alone. An annulment complaint must plead specific statutory grounds with supporting factual allegations. Gathering the necessary evidence, especially where fraud or duress is claimed, often requires legal acumen. Without representation, you risk procedural missteps or an adverse outcome. To discuss your options, reach Mr. Sris and his Of Counsel at (888) 437-7747.

How does the annulment process work in Virginia?

The annulment process starts with filing a complaint in the Circuit Court of the county where you or your spouse resides, after meeting the six-month domiciliary residency requirement (Va. Code § 20-97). The complaint must state the grounds that make the marriage void or voidable. The other spouse must be served and given an opportunity to respond. The court may hold a hearing where you present evidence such as documents, photographs, or witness testimony. The timeline from filing to decision depends on the court’s calendar and the case’s complexity. A lawyer can guide you through each step to help ensure your petition is properly prepared.

Can I get an annulment if I was married in another state but live in Virginia?

If you meet Virginia’s residency requirement, you may file for annulment in Virginia even if the marriage occurred outside the Commonwealth, provided grounds exist under Virginia law. The court will apply Virginia’s annulment statutes to determine validity. It may also consider whether the marriage was valid under the law of the place where it was performed. Issues can arise if the other state’s laws conflict with Virginia’s, making guidance from an experienced attorney important. For a consultation about an out-of-state marriage, call (888) 437-7747.

What happens to property and children in an annulment?

Virginia courts can address child custody, support, and property division within an annulment case using the same equitable distribution and best-interests-of-the-child standards applied in divorce proceedings. However, because an annulment treats the marriage as never having existed, the classification of property may differ, particularly if the marriage was void from the start rather than voidable. The court will look at the specific facts to protect any children of the relationship and to prevent unjust enrichment. Speaking with a family law attorney can clarify how the law applies to your situation. Call Law Offices Of SRIS, P.C. at (888) 437-7747.

Verified Resources
Virginia Code Title 20 (Domestic Relations) |
Virginia Judicial System

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. Engaging Law Offices Of SRIS, P.C. Requires a signed engagement agreement.