Fairfax County Marriage Annulment Lawyer — Is Your Marriage Void?
A marriage annulment in Fairfax County legally declares a marriage void from its start under Virginia law, distinct from divorce. Grounds include bigamy, incest, underage marriage without consent, or mental incapacity. The Law Offices Of SRIS, P.C. provides full representation for annulment petitions in Fairfax County Circuit Court.
Virginia Annulment Law and Grounds
Last verified: April 2026 | Fairfax County Circuit Court | Virginia General Assembly
An annulment is a legal decree that a marriage was never valid. Virginia law, specifically Va. Code § 20-89.1, establishes strict grounds for annulment. These are categorized as void marriages (invalid from the outset) and voidable marriages (can be annulled by a court order).
Void marriages include those involving bigamy (one party was already legally married), incest (parties are closely related), or where a party lacked the mental capacity to consent at the time of the marriage. A void marriage lawyer Fairfax County can file to have such a union declared null without time limits in most cases.
Voidable grounds include fraud, duress, or underage marriage without proper court consent. These petitions must typically be filed within a specific time frame, such as two years from discovering the fraud or from when a minor reaches the age of majority.
Fairfax County Annulment Procedure
All annulment petitions in Fairfax County are filed with the Fairfax County Circuit Court, located at 4110 Chain Bridge Road. The process begins with filing a formal Bill of Complaint, which must clearly state the statutory grounds for annulment and provide supporting facts.
- Consultation & Case Evaluation: A marriage annulment petition lawyer Fairfax County will review your situation to determine if valid grounds exist under Virginia law.
- Drafting & Filing the Petition: Your attorney prepares and files the Bill of Complaint with the Circuit Court, paying the required filing fee (approximately $86).
- Service of Process: The other spouse must be formally served with the court papers, often by a sheriff or private process server.
- Court Proceedings: If the annulment is uncontested, a hearing may be scheduled for a judge to review the evidence. Contested cases may require discovery and a trial.
- Final Decree: If the court finds grounds are met, it will enter a Decree of Annulment, legally declaring the marriage null and void.
Annulment vs. Divorce in Virginia
In Fairfax County, an annulment erases a marriage as if it never existed, while a divorce ends a valid marriage.
| Aspect | Annulment | Divorce |
|---|---|---|
| Legal Effect | Marriage is declared void. | Valid marriage is dissolved. |
| Grounds | Specific statutory defects at time of marriage (e.g., bigamy, incapacity). | Fault or no-fault (separation). |
| Property Division | No “marital” property; assets divided as if unmarried. | Equitable distribution of marital property under Va. Code § 20-107.3. |
| Spousal Support | Generally not awarded. | May be awarded based on need and ability to pay. |
| Time Limit | Often strict filing deadlines for voidable marriages. | Can file after meeting separation period. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience in Family Law
Founded in 1997, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our founding attorney, Mr. Sris, personally amended Virginia’s key equitable distribution statute, Va. Code § 20-107.3, demonstrating deep legislative insight. We have documented 1,789 case results in Fairfax County across all practice areas. Our team understands the nuanced procedural requirements for successfully pursuing a marriage annulment in local courts.
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 in Fairfax County
Our firm has a documented record of favorable outcomes in Fairfax County courts. For instance, we secured a nolle prosequi (dismissal) in a Fairfax County General District Court misdemeanor battery case. In another matter, a second-offense DWI charge was amended to a lesser offense. Mr. Sris, the firm’s founder and a former prosecutor with admissions in VA, MD, DC, NJ, and NY, provides strategic oversight on complex matters. His personal amendment of Virginia’s equitable distribution law is a unique credential.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Fairfax Annulment Attorneys
Our Fairfax location at 4008 Williamsburg Court is centrally located to serve the Fairfax County Circuit Court. We represent clients from Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
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.
Marriage Annulment Lawyer Fairfax County FAQ
What is the difference between a void and voidable marriage in Virginia?
A void marriage is invalid from the start (e.g., bigamy, incest) and can be challenged anytime. A voidable marriage is valid until annulled by a court for reasons like fraud or underage marriage, and petitions must usually be filed within set time limits.
How long does an annulment take in Fairfax County?
It depends. An uncontested annulment where grounds are clear may be resolved in 2-4 months. A contested annulment that requires a trial over issues like fraud or capacity can take 9 months or longer, similar to a complex divorce timeline.
Can I get an annulment if my spouse lied to me?
Yes, fraud is a ground for annulment under Va. Code § 20-89.1. However, the lie must go to the essence of the marriage (e.g., intent to have children, religious beliefs) and you must file within two years of discovering the fraud.
What happens to property and debts after an annulment?
Since an annulment voids the marriage, there is no “marital” property. Assets and debts are typically divided based on title and who incurred them, not under Virginia’s equitable distribution laws. This can be a complex process requiring legal help.
Where do I file an annulment petition in Fairfax County?
All annulment petitions are filed with the Fairfax County Circuit Court at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030. The court’s website, vacourts.gov, provides forms and filing information.
Related Legal Resources
If you are facing other family law issues, our firm also handles divorce in Fairfax County, child custody, and support matters. For legal concerns in other areas, see our pages on criminal defense and DUI defense in Fairfax. Learn more about our statewide practice on our Virginia family law hub page.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.