Fairfax County Marriage Annulment Lawyer — Is Your Marriage Void or Voidable?
A marriage annulment in Fairfax County legally declares a marriage void from its start, unlike a divorce which ends a valid union. Grounds include bigamy, incest, or one party being underage or mentally incapacitated. The Law Offices Of SRIS, P.C. provides experienced legal guidance for filing a marriage annulment petition in Fairfax County Circuit Court.
Last verified: April 2026 | Fairfax County Circuit Court | Virginia General Assembly
Virginia Annulment Law and Grounds
In Virginia, an annulment is a legal decree that a marriage was never legally valid. The process is governed by specific statutes and is distinct from divorce. A void marriage lawyer in Fairfax County can advise that some marriages are “void ab initio” (void from the beginning), such as those involving bigamy or incest, and require no formal court order to be considered invalid, though a judgment of nullity is often sought for clarity. Other marriages are “voidable,” meaning they are valid until annulled by a court, based on grounds like fraud, force, or physical incapacity.
The primary statute is Va. Code § 20-43.1, which details the grounds for annulment of a voidable marriage. These include impotency existing at the time of marriage, a marriage procured by force or fraud, or a party being under the age of legal consent (18, or 16 with parental consent) at the time of marriage. For a void marriage, such as one where a party had a living spouse at the time of the marriage (bigamy) or the parties are within the prohibited degrees of kinship, reference is made to Va. Code § 20-38.1.
- Consult with a Marriage Annulment Lawyer: Discuss the specific facts of your case to determine if you have valid grounds for an annulment under Virginia law.
- Gather Essential Evidence: Collect all relevant documents, such as marriage certificates, proof of bigamy (previous divorce decrees), evidence of fraud, or medical records regarding impotency or mental capacity.
- File a Complaint for Annulment: Your attorney will prepare and file the formal complaint with the Fairfax County Circuit Court, outlining the legal grounds and requested relief.
- Serve the Other Party: The complaint must be legally served on your spouse, who then has time to file an answer.
- Attend Court Proceedings: Depending on whether the case is contested, you may attend hearings or a trial where evidence is presented to the judge.
- Obtain the Decree of Annulment: If the court finds grounds exist, it will enter a decree declaring the marriage null and void, and may address related issues like property division.
Potential Outcomes and Considerations
In Fairfax County, a successful annulment results in the marriage being erased as if it never legally existed, which can affect property rights, spousal support, and legitimacy of children.
Unlike divorce, where marital property is subject to equitable distribution, property division after an annulment is typically handled based on principles of equitable distribution or resulting trust, not under Va. Code § 20-107.3. The court has broad discretion to make a fair distribution. Spousal support is generally not available after an annulment, as no valid marriage existed to create the duty of support. However, child support and custody matters are still determined based on the best interests of the child, as the parent-child relationship is unaffected by the annulment of the marriage.
Results may vary. Prior results do not guarantee a similar outcome.
Legal Authority and Experience
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. Our firm has a documented record of 4,739+ case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in the development of state family law. While annulments are case-specific, our attorneys use their extensive knowledge of Virginia statutes and Fairfax County court procedures to advocate effectively for clients.
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 Fairfax County
The Law Offices Of SRIS, P.C. has extensive experience in Fairfax County courts. We have 1789 total documented case results across all practice areas in this locality, with a 97% favorable outcome rate. For instance, our attorneys have successfully resolved complex family law matters by achieving dismissals (nolle prosequi) in sensitive cases and securing reductions in serious charges.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
Phones 24/7/365; Office by appointment only.
Serving Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Our Fairfax location is centrally positioned to serve clients at the Fairfax County Circuit Court. As a dedicated marriage annulment lawyer near Fairfax County, we offer 24/7 phone consultations. Meetings are held by appointment only at our office with free on-site parking.
Marriage Annulment in Fairfax County: FAQs
What is the difference between an annulment and a divorce in Virginia?
A divorce ends a legally valid marriage. An annulment declares that a valid marriage never existed due to specific legal defects present at the time of the ceremony.
What are common grounds for a marriage annulment in Fairfax County?
Grounds include bigamy (one spouse was already married), incest, underage marriage without proper consent, mental incapacity, fraud that goes to the essence of the marriage, force, or physical impotency existing at the time of marriage.
How long do I have to file for an annulment in Virginia?
It depends on the ground. For example, 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 minor turns 18.
Can I get spousal support after an annulment?
No. Spousal support is typically not available after an annulment because the law treats the marriage as if it never legally existed, so no duty of support arose.
What happens to property after an annulment?
Virginia’s equitable distribution statute does not automatically apply. The court uses its general equity powers to divide property fairly, often aiming to return parties to their pre-marriage financial positions, which can be a complex process.
Do I need a lawyer for a marriage annulment petition in Fairfax County?
Yes. Annulment law is complex and fact-specific. A skilled marriage annulment petition lawyer in Fairfax County can gather necessary evidence, handle strict procedural rules, and present a compelling case to the court, which is especially important in contested matters.
Related Legal Resources
If you are facing other family law issues, our firm also provides representation for divorce in Fairfax County, criminal defense, and DUI charges. For a broader view of our family law services, visit our Virginia family law hub page. We also assist clients in neighboring areas like Falls Church City and Prince William County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.