Virginia Beach Annulment Lawyer — Is Your Marriage Eligible for Annulment?
An annulment legally declares a marriage void from its start, unlike a divorce which ends a valid marriage. In Virginia Beach, grounds for annulment are strict and defined by Virginia Code § 20-89.1, including bigamy, incest, underage marriage without consent, or fraud. Law Offices Of SRIS, P.C. provides focused legal guidance to determine if your situation qualifies for an annulment.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
Virginia Annulment Law and Grounds
An annulment, or “decree of nullity,” is a court order stating a marriage was never legally valid. Virginia law provides specific, limited grounds for annulment under Va. Code § 20-89.1. These differ significantly from divorce grounds and require clear proof. The statute outlines circumstances where a marriage is considered void (invalid automatically) or voidable (can be invalidated by a court). Understanding this distinction is critical when consulting with an annulment lawyer Virginia Beach.
Void marriages are those prohibited by law and include marriages where one party was already legally married (bigamy), marriages between close blood relatives (incest), or marriages where a party lacked the mental capacity to consent. A void marriage is treated as if it never existed, and either party or an interested third party can seek to have it declared null.
Voidable marriages may be annulled by a court petition. Common grounds include fraud or duress that goes to the essence of the marriage contract, underage marriage without proper court consent, or physical incapacity at the time of marriage that is incurable and unknown to the other party. A marriage annulment petition lawyer Virginia Beach can assess which grounds may apply to your case.
- Consult with an Attorney: Discuss your marriage facts confidentially to determine if annulment grounds exist.
- Gather Evidence: Collect all relevant documents (marriage certificate, proof of prior marriage, evidence of fraud, medical records).
- File the Petition: Your attorney will prepare and file a “Bill of Complaint for Annulment” with the Virginia Beach Circuit Court.
- Serve the Other Party: The petition must be legally served on your spouse, who then has time to respond.
- Court Hearing: If the case is contested, a hearing will be held where you must prove the grounds for annulment.
- Final Decree: If successful, the court issues a Decree of Nullity, legally declaring the marriage void.
Key Differences: Annulment vs. Divorce in Virginia
Choosing between annulment and divorce has significant legal consequences. An annulment erases the marriage legally, which can affect property division, spousal support, and legitimacy of children. Virginia is an equitable distribution state for divorce, dividing marital property fairly. In an annulment, there is no “marital” property; instead, the court will attempt to restore parties to their pre-marriage financial positions, which can be complex. A void marriage lawyer Virginia Beach can explain these critical financial implications.
For child-related issues, an annulment does not negate parental rights or responsibilities. Children born from an annulled marriage are still considered legitimate under Virginia law, and the court will establish custody, visitation, and child support orders just as in a divorce proceeding under the “best interests of the child” standard.
Why Choose Law Offices Of SRIS, P.C. for Your Annulment Case
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our firm-wide track record includes 4,739+ documented case results with a 93%+ favorable outcome rate. In Virginia Beach, we have secured favorable resolutions in family law cases. Our founding attorney, Mr. Sris, possesses a unique background that includes personally amending Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating a deep understanding of Virginia family law at the legislative level.
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
Our team approach ensures your case benefits from multiple perspectives. Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, provides strategic oversight on complex financial aspects that may arise in annulment cases involving asset restoration.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
Phones 24/7/365; Office by appointment. By appointment only.
Our Richmond location serves clients with matters at Virginia Beach courts. We are accessible via I-64 and other major routes. If you need an annulment lawyer Virginia Beach near you, contact us for a consultation. We serve Virginia Beach, Sandbridge, Oceana, and surrounding communities.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Annulment in Virginia Beach: Frequently Asked Questions
What is the main difference between an annulment and a divorce?
An annulment declares a marriage legally invalid from the beginning, as if it never happened. A divorce legally ends a valid marriage.
What are the most common grounds for annulment in Virginia?
Common voidable grounds include fraud (regarding a core aspect of marriage), underage marriage without consent, or physical incapacity. Void grounds include bigamy or incest.
How long do I have to file for an annulment in Virginia?
It depends on the ground. For fraud, you must file within two years of discovering it. For underage marriage, you must file before the minor turns 18. A marriage annulment petition lawyer Virginia Beach can advise on specific deadlines.
Can I get an annulment if my marriage was never consummated?
Possibly. Physical incapacity (impotence) that is incurable and unknown to the other spouse at the time of marriage is a ground for annulment under Virginia law.
What happens to our property if our marriage is annulled?
Since no legal marriage existed, there is no “marital” property. The court will issue orders to divide property and debts to restore each party, as much as possible, to their pre-marriage financial position, which can be a complex process.
Are children from an annulled marriage considered legitimate?
Yes. Under Virginia law, children born of a marriage that is later annulled are still considered legitimate. The court will establish custody, visitation, and child support orders.
For more information on Virginia annulment law, review the official Virginia Code § 20-89.1 or visit the Virginia Judicial System website.
See also: Virginia Family Law Lawyer | Henrico County Family Law Lawyer | Virginia Beach Criminal Defense Lawyer
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.