A marriage annulment in Virginia Beach legally declares a marriage void from its start under Va. Code § 20-89.1, differing from divorce. Law Offices Of SRIS, P.C. provides experienced legal guidance for annulment petitions. Our Virginia Beach marriage annulment lawyer can assess if your situation meets Virginia’s strict grounds, such as bigamy, incest, or underage marriage without consent.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
Virginia Annulment Law: Void vs. Voidable Marriages
In Virginia, an annulment is a court order stating a marriage was never legally valid. Virginia law distinguishes between void marriages (illegal from the start) and voidable marriages (can be canceled by a court). The primary statute governing annulments is Va. Code § 20-89.1. A void marriage lawyer Virginia Beach can address situations where the marriage was never lawful, such as cases involving bigamy (one party was already married) or incest (parties are close blood relatives). Other void grounds include mental incapacity at the time of marriage or a marriage procured by fraud or force. Understanding this distinction is critical, as it affects your petition’s basis and the required evidence.
Grounds for Annulment in Virginia Beach
Virginia courts grant annulments only for specific reasons established by law. Common grounds include:
- Bigamy: One spouse was legally married to another person at the time of the marriage.
- Underage Marriage: A party was under 18 and married without required parental or judicial consent.
- Mental Incapacity: A party lacked the mental capacity to consent to the marriage.
- Fraud, Force, or Coercion: The marriage was based on deception or was not entered into willingly.
- Incest: The parties are related within the prohibited degrees (e.g., siblings, parent-child).
- Physical Incapacity: One party was physically incapable of consummating the marriage, and the other party did not know at the time of marriage.
Proving these grounds requires specific evidence. For instance, proving fraud requires showing a deliberate misrepresentation of a fact central to the marriage agreement. A marriage annulment petition lawyer Virginia Beach gathers necessary documentation, such as prior marriage records, medical evaluations, or witness testimony, to support your case in Virginia Beach Circuit Court.
- Consult with an Annulment Attorney: Discuss your situation confidentially to determine if you have valid grounds under Virginia law.
- Gather Essential Evidence: Your attorney will help collect documents like marriage certificates, prior divorce decrees, birth certificates, or medical records.
- File the Annulment Petition: Your lawyer prepares and files a formal Complaint for Annulment with the Virginia Beach Circuit Court, stating the legal grounds.
- Serve the Other Party: The complaint must be legally served on your spouse, who then has time to file an answer.
- Court Proceedings: Depending on whether the annulment is contested, your case may proceed to hearings or trial where evidence is presented.
- Court Judgment: If the judge finds grounds are met, they will enter a Decree of Annulment, declaring the marriage null and void.
Why Legal Representation is Critical for Annulment
Annulment law is complex and fact-specific. An experienced marriage annulment lawyer Virginia Beach provides essential advantages: correctly identifying whether your marriage is void or voidable, ensuring your petition meets all procedural rules of the local court, effectively presenting evidence to meet the high burden of proof, and protecting your rights regarding property and children. Without proper guidance, you risk having your petition dismissed for procedural errors or insufficient evidence.
E-E-A-T: Our Firm’s Authority in Family Law
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to complex family law matters. Managing Attorney Mr. Sris possesses a unique background that includes personally amending Virginia’s equitable distribution statute, Va. Code § 20-107.3. This deep legislative experience informs our strategic approach to all family law cases, including annulments. We understand how Virginia courts interpret and apply the 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
Case Results & Client Advocacy
Our firm has a documented record of favorable outcomes across all practice areas. In Virginia Beach, we have 8 total documented case results with a 100% favorable outcome rate. These results demonstrate our commitment to effective client advocacy.
Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, our firm’s founder and a former prosecutor, provides strategic oversight on complex matters. His hands-on approach and experience amending Virginia family law statute ensure cases are handled with a deep understanding of both the law and courtroom strategy.
Contact Our Virginia Beach Annulment Lawyers
Our Richmond location serves clients in Virginia Beach and Hampton Roads. We are accessible via I-64 and I-264. If you need a marriage annulment lawyer Virginia Beach or a void marriage lawyer Virginia Beach, contact us for a confidential assessment of your case.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
We serve Virginia Beach, Sandbridge, Oceana, and surrounding communities.
Virginia Beach Marriage Annulment FAQs
What is the difference between an annulment and a divorce in Virginia?
An annulment declares the marriage legally invalid from the beginning (void), while a divorce legally ends a valid marriage. Annulments are granted only for specific grounds like bigamy, fraud, or underage marriage without consent under Va. Code § 20-89.1.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For fraud, you must generally file within two years of discovering the fraud. For underage marriage, you must file before the underage party turns 18. For physical incapacity, there is no specific statutory time limit, but prompt action is advisable. A lawyer can advise on deadlines specific to your case.
Can I get an annulment if my spouse lied about wanting children?
It depends. Virginia courts may consider fraud as a ground if the lie was about a fact central to the marriage contract. However, proving that a spouse’s stated intention regarding children was a deliberate fraud at the time of marriage, rather than a later change of heart, can be challenging and requires strong evidence.
What happens to property and children after an annulment?
Since an annulment treats the marriage as if it never existed, property is divided based on title and who paid for it, not equitable distribution. However, children born during a marriage that is later annulled are still considered legitimate, and the court will establish custody and child support orders under the same standards as in a divorce.
Where do I file for an annulment in Virginia Beach?
Annulment petitions are filed in the Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, Bldg 10B, Virginia Beach, VA 23456. The court’s website for forms and information is vacourts.gov.
Related Legal Information
If you are considering an annulment, you may also need information about: Virginia family law, family law in Henrico County, or criminal defense in Virginia Beach.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.