Marriage Annulment Lawyer Chesapeake — Is Your Marriage Void or Voidable?
An annulment legally declares a marriage never existed, unlike a divorce which ends a valid marriage. In Chesapeake, obtaining an annulment requires proving specific grounds under Virginia law, such as bigamy, incest, or fraud. The Law Offices Of SRIS, P.C. provides focused legal guidance for annulment petitions in Chesapeake Circuit Court. A skilled marriage annulment lawyer Chesapeake can assess your situation and protect your rights.
Last verified: April 2026 | Chesapeake Circuit Court | Virginia General Assembly
Virginia Annulment Law and Grounds
Virginia law provides two categories for ending a marriage through annulment: void marriages and voidable marriages. A void marriage is considered invalid from the start, and any court can declare it null. Grounds for a void marriage include bigamy (one party was already married), incest, or if a party was under 16 at the time of marriage. A voidable marriage is considered valid until a court annuls it based on specific legal grounds established at the time of the marriage.
Common grounds for a voidable marriage in Virginia include fraud or misrepresentation (such as hiding an inability or intent not to have children), force or duress, mental incapacity, or physical incapacity (impotence) that existed at the time of the marriage and is incurable. The process for a marriage annulment petition in Chesapeake begins with filing a complaint in the Circuit Court, outlining the specific legal grounds. The burden of proof is on the petitioner, and strict deadlines may apply, especially for voidable marriages.
- Consult with a marriage annulment lawyer Chesapeake to evaluate your grounds and evidence.
- Your attorney will draft and file a Complaint for Annulment with the Chesapeake Circuit Court.
- The other spouse (respondent) must be formally served with the legal papers.
- Gather and present evidence, such as documents, witness statements, or experienced testimony, to prove your case.
- Attend any required court hearings. The judge will issue a Decree of Annulment if grounds are proven.
Key Differences: Annulment vs. Divorce in Virginia
Understanding whether to seek an annulment or a divorce is a crucial first step. The primary difference is legal status: an annulment declares the marriage never legally existed, while a divorce terminates a valid marriage. This distinction has significant implications for property division, spousal support, and even the status of children from the marriage.
In a divorce, Virginia’s equitable distribution laws (Va. Code § 20-107.3) govern how marital property is divided. Spousal support may be awarded based on numerous factors. In an annulment, because the marriage is deemed invalid, there is no “marital” property to divide under those statutes. Instead, the court may use principles of constructive trust or resulting trust to untangle financial affairs. Children born from an annulled marriage are still considered legitimate, and both parents retain rights and responsibilities for child support and custody.
Why You Need a Lawyer for an Annulment Petition
handling an annulment requires precise legal work. The grounds are narrow, and the evidence must directly support one of the specific legal causes. A void marriage lawyer Chesapeake can determine if your situation meets the strict criteria, such as proving a prior undissolved marriage existed (bigamy) or that consent was obtained through force.
For voidable marriages, the challenge is often proving a fact from the past, like a spouse’s fraudulent intent at the time of the wedding. An attorney knows how to gather compelling evidence, which may include documents, communications, or experienced witnesses. They also handle all court procedures, ensuring filings are correct and deadlines are met, which is vital for cases like fraud that must be filed within a specific time after discovery.
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 and Firm Authority
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined attorney experience to every case. Our team has a documented record of favorable outcomes in family law matters across Virginia. Mr. Sris personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating a significant commitment to the development of family law in the state.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C.
Richmond Location — Serving Chesapeake
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location serves clients with Chesapeake family law matters. We represent individuals in Chesapeake, Deep Creek, Great Bridge, and Greenbrier. Contact a marriage annulment lawyer Chesapeake today.
Annulment Lawyer Chesapeake FAQ
What is the difference between an annulment and a divorce in Virginia?
Yes, there is a major difference. An annulment legally declares a marriage never validly existed. A divorce legally ends a valid marriage. The choice affects property division and legal status.
What are the grounds for an annulment in Virginia?
Grounds include void marriages (bigamy, incest, underage) and voidable marriages (fraud, force, mental/physical incapacity at the time of marriage). A marriage annulment petition lawyer Chesapeake can review your specific facts to identify applicable grounds.
How long do I have to file for an annulment based on fraud?
Virginia law requires that an annulment based on fraud be filed within two years of when the fraud was discovered or should have been discovered. Timely action is critical, so consult an attorney promptly.
Can I get spousal support after an annulment?
It depends. Since an annulment voids the marriage, traditional spousal support under divorce statutes typically does not apply. However, a court may order other forms of financial assistance based on equity and the specific circumstances of the case.
What happens to our property if our marriage is annulled?
Virginia’s equitable distribution laws for marital property do not apply. The court will generally attempt to return property to the person who owned it before the marriage or who provided the funds, using legal principles like constructive trust.
Do I need a lawyer to file an annulment petition in Chesapeake?
While not legally required, it is highly advisable. Annulment law is complex, with strict pleading and proof requirements. A void marriage lawyer Chesapeake ensures your petition correctly states legal grounds and that your evidence is properly presented to the court.
For more information on Virginia annulment law, review the official Virginia Code on Marriage. For local procedures, visit the Chesapeake Circuit Court website.
If you are considering an annulment, discuss your case with a Virginia family law attorney. For related legal help, see our pages on Chesapeake divorce lawyers and Chesapeake criminal defense. Learn more about our firm on our Virginia Family Law hub page.