Virginia Beach Annulment Lawyer — Is Your Marriage Eligible for Annulment?
An annulment in Virginia Beach legally declares a marriage void from the start under specific grounds in Va. Code § 20-89.1. Law Offices Of SRIS, P.C. provides focused legal guidance to determine if your situation qualifies for an annulment rather than a divorce. Our firm has documented results in Virginia Beach family law matters. Contact an annulment lawyer Virginia Beach for a case review.
Virginia Annulment Law and Grounds
Virginia law provides specific, limited grounds for annulment, which is distinct from divorce. An annulment legally declares that a valid marriage never existed. The primary statute governing annulments is Va. Code § 20-89.1. Grounds include a prior existing marriage, certain prohibited relationships, underage marriage without proper consent, mental incapacity at the time of marriage, fraud, duress, or physical incapacity to consummate the marriage. Unlike a divorce, which ends a valid marriage, an annulment treats the marriage as if it never legally occurred, which can have significant implications for property rights and other legal matters.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, review the Virginia Code § 20-89.1 (official Virginia General Assembly site). For local court procedures, visit the Virginia Beach Circuit Court website.
Virginia Beach Annulment Procedures and Strategy
Filing a marriage annulment petition in Virginia Beach requires precise adherence to procedural rules at the Circuit Court. The process begins with determining if your circumstances meet one of the statutory grounds. Evidence must be gathered to prove the ground, such as proof of a prior marriage, medical records, or documentation of fraud. The petition is filed with the Virginia Beach Circuit Court, and the other party must be formally served. Given the strict legal standards, having an experienced void marriage lawyer Virginia Beach is critical to handle the process and present a compelling case to the judge.
- Consult with an attorney to review your facts against the legal grounds for annulment.
- Gather all necessary documentation and evidence to support your claim.
- Your attorney will draft and file the formal annulment petition with the Virginia Beach Circuit Court.
- Ensure the other spouse is properly served with the legal papers.
- Prepare for any required hearings and present your case before the judge.
- Obtain the court’s final decree of annulment if your petition is granted.
Potential Outcomes and Considerations
In Virginia Beach, a successful annulment results in a decree that the marriage was void ab initio (from the beginning), which can affect property division, spousal support, and legitimacy of children differently than a divorce decree.
| Ground for Annulment | Legal Classification | Key Evidence Required | Time Limit to File |
|---|---|---|---|
| Prior Existing Marriage | Void Marriage | Proof of prior marriage certificate | None |
| Underage Marriage (without court consent/parental consent) | Voidable | Birth certificate, proof lack of consent | Before underage party reaches 18 |
| Mental Incapacity | Voidable | Medical records, experienced testimony | Reasonable time after capacity regained |
| Fraud | Voidable | Evidence of intentional deception on a vital matter | Must be filed promptly after discovery |
| Force or Duress | Voidable | Witness testimony, documentation of threats | Must be filed promptly after coercion ends |
Results may vary. Prior results do not guarantee a similar outcome.
Firm Experience in Family Law
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings combined legal experience to family law matters. Mr. Sris, the firm’s founder, personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating a deep involvement in the evolution of state family law. This foundational experience informs our approach to all family law cases, including annulments.
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 Client Advocacy
Our firm has a record of advocating for clients in family law proceedings. In Virginia Beach, we have documented case results across all practice areas. Mr. Sris, with his background as a former prosecutor and deep knowledge of Virginia law, provides strategic oversight on complex family law matters.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Virginia Beach Annulment Lawyers
Our Richmond location serves clients with matters at Virginia Beach courts. We are accessible via I-64 and I-264. We serve Virginia Beach, Sandbridge, and Oceana. 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
By appointment only.
Annulment Lawyer Virginia Beach FAQ
What is the difference between an annulment and a divorce in Virginia?
Yes. A divorce ends a legally valid marriage. An annulment is a legal declaration that a valid marriage never existed due to specific grounds defined by law, such as fraud, bigamy, or incapacity.
How long do I have to file for an annulment in Virginia Beach?
It depends on the ground. Some grounds, like a prior existing marriage (bigamy), have no time limit. Others, like fraud or underage marriage, require prompt action—often within a reasonable time after discovering the fraud or before the underage party turns 18.
Can I get an annulment if my spouse lied to me before marriage?
It depends. Virginia law allows annulment for fraud, but the deception must be about a vital fact that goes to the essence of the marriage (e.g., intent to have children, religious beliefs) and not a minor misrepresentation. You must also file promptly after discovering the fraud.
What happens to property and children after an annulment?
Property is treated as if the parties were never married, governed by principles of equitable distribution for jointly held assets can be complex. Children born from an annulled marriage are still considered legitimate, and the court will establish custody and support orders.
Do I need a lawyer to file an annulment petition in Virginia Beach?
Yes. Annulment law is complex with strict procedural and evidentiary requirements. An experienced annulment lawyer Virginia Beach can assess your grounds, gather necessary evidence, and handle the Circuit Court process to seek the decree.
Related Legal Information
If you are considering ending your marriage, you may also want to learn about Virginia divorce law. For assistance in nearby areas, see our pages for a family law lawyer in Henrico County or a family law lawyer in Chesterfield County. For other legal needs in Virginia Beach, we also handle criminal defense and DUI cases. Learn more about our Richmond office.
Page last verified and updated: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.