Marriage Annulment Lawyer Fauquier County — Is Your Marriage Void?
An annulment is a legal declaration that a marriage was never valid under Virginia law. Grounds include bigamy, incest, underage marriage without consent, or lack of mental capacity. A marriage annulment lawyer Fauquier County from Law Offices Of SRIS, P.C. can file your petition in Fauquier County Circuit Court. Our firm has 73 documented case results in Fauquier County. Call (888) 437-7747 for a consultation.
Last verified: April 2026 | Fauquier County Circuit Court | Virginia General Assembly
In Virginia, an annulment (or “decree of nullity”) legally erases a marriage, treating it as if it never existed. This differs from divorce, which ends a valid marriage. The grounds for annulment are specific and limited, primarily focusing on circumstances that made the marriage void or voidable from its inception. The process requires filing a formal petition in the circuit court of the county where either party resides.
Virginia statutes define void and voidable marriages. A void marriage is invalid from the start and can be challenged by any person at any time. Examples include bigamy (one party was already married) or incest. A voidable marriage is valid until annulled by a court, typically at the request of one of the parties. Grounds include underage marriage without proper consent, lack of mental capacity, or fraud.
For official Virginia law, see Title 20, Chapter 6 of the Virginia Code. For local court procedures, visit the Fauquier County Circuit Court website.
- Consult with a marriage annulment lawyer Fauquier County to review your specific grounds and evidence.
- Your attorney will draft and file a “Complaint for Annulment” with the Fauquier County Circuit Court clerk.
- The other spouse must be formally served with the complaint and has the right to file an answer.
- Your lawyer may engage in discovery and negotiate a settlement agreement on related issues like property.
- If the case is uncontested, a final hearing is scheduled where a judge reviews the evidence and enters a decree.
In Fauquier County, an annulment completely dissolves a marriage, but the court may still decide related issues like property division or child support under its equitable powers.
| Grounds | Type | Key Consideration | Time Limit |
|---|---|---|---|
| Bigamy | Void | Prior marriage was never dissolved. | None |
| Incest | Void | Parties are too closely related. | None |
| Underage (without consent) | Voidable | Party was under 18 and lacked parental/judicial consent. | Can be filed before the minor turns 18. |
| Lack of Mental Capacity | Voidable | Inability to understand marriage contract. | Must be filed by the incapacitated party upon regaining capacity. |
| Fraud | Voidable | Deception about a core fact (e.g., intent to have children). | Must be filed within 2 years of discovering the fraud. |
| Force or Duress | Voidable | One party was coerced into the marriage. | Must be filed within 2 years of the marriage. |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our attorneys bring a combined 120+ years of legal experience to complex family law matters. Mr. Sris personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in state 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
In Fauquier County, our firm has a record of 73 documented case results across all practice areas, with a 97% favorable outcome rate. Results may vary. Our lead attorney, Mr. Sris, is a former prosecutor with a background in accounting, which is valuable for untangling financial aspects of annulled marriages.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Our Fairfax location serves clients at the Fauquier County courts. We are your local marriage annulment lawyer near Warrenton, accessible via I-66 and Route 29. We serve clients in Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
What is the difference between an annulment and a divorce in Virginia?
An annulment declares a marriage legally invalid from the start, while a divorce ends a valid marriage. Annulment grounds are specific, like bigamy or fraud.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For fraud or duress, you must file within two years of discovery or the marriage. For underage marriage, you must file before the minor turns 18. There is no time limit for void marriages like bigamy.
Can I get an annulment if my spouse lied about wanting children?
Yes, this may qualify as fraud if the deception was about a core aspect of the marriage. You must file the annulment petition within two years of discovering the lie.
What happens to property and children after an annulment?
Virginia courts can use equitable principles to divide property acquired during a voidable marriage and establish child custody and support. The legal parent-child relationship is unaffected by an annulment.
Do I need a void marriage lawyer Fauquier County for an annulment?
Yes. The process is complex and requires precise legal arguments and evidence filing in Fauquier County Circuit Court. A lawyer ensures your petition meets all statutory requirements.
For more information, see our Virginia Family Law hub page. We also assist with criminal defense in Fauquier County and DUI defense. For similar family law help, consider our Fairfax County family lawyers.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.