Chesapeake Annulment Lawyer — Is Your Marriage Eligible for Annulment?
An annulment in Chesapeake, Virginia, legally declares a marriage void from its beginning under specific grounds in Va. Code § 20-89.1. Unlike divorce, it erases the marital status. The Law Offices Of SRIS, P.C. provides experienced legal guidance for your marriage annulment petition in Chesapeake.
Last verified: April 2026 | Chesapeake Circuit Court | Virginia General Assembly
Virginia Annulment Law and Grounds
In Virginia, an annulment (or “decree of nullity”) is a legal proceeding that declares a marriage never legally existed. This is distinct from a divorce, which ends a valid marriage. Grounds for annulment are strict and limited by statute. A void marriage lawyer in Chesapeake must prove one of the statutory grounds exists. The primary statute governing annulments is Va. Code § 20-89.1, which outlines the specific circumstances.
Common grounds include: bigamy (one party was already married), incest, underage marriage without proper consent, mental incapacity at the time of marriage, fraud, duress, or force. If a marriage is voidable due to impotence or a spouse’s inability to consummate the marriage, it may also be grounds for annulment. The burden of proof rests with the party seeking the annulment. Proceedings are filed in the Circuit Court where either party resides.
- Consult an Attorney: Schedule a consultation with an annulment lawyer in Chesapeake to review the facts of your marriage and determine if valid grounds exist.
- File a Complaint: Your attorney will draft and file a Complaint for Annulment with the Chesapeake Circuit Court, stating the specific legal grounds.
- Serve the Other Party: The complaint must be formally served on your spouse, giving them notice and an opportunity to respond.
- Gather Evidence: Work with your lawyer to collect all necessary documentation, witness statements, and experienced testimony to support your claim.
- Court Hearing: Attend a hearing where a judge will review the evidence and arguments from both sides before making a ruling.
- Final Decree: If successful, the court will issue a Decree of Nullity, legally declaring the marriage void.
Why Choose Our Firm for Your Annulment Case
Founded in 1997, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our firm’s founder, Mr. Sris, is a former prosecutor with a background that provides a strategic advantage. He personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in Virginia family law. We understand the sensitive nature of annulment cases and provide dedicated, confidential representation.
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 documented record of favorable outcomes. In Chesapeake and across Virginia, Maryland, New Jersey, New York, and DC, we have achieved over firm-wide 4,739 case results with a 93%+ favorable outcome rate. Mr. Sris, our managing attorney, provides valuable strategic oversight on complex matters.
Results may vary. Prior results do not guarantee a similar outcome.
Annulment Lawyer Near Chesapeake
Our Richmond location serves clients with Chesapeake family law matters at the Chesapeake Circuit Court. We represent individuals in Chesapeake, Deep Creek, Great Bridge, and Greenbrier.
Law Offices Of SRIS, P.C.
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.
Annulment in Chesapeake, VA: Frequently Asked Questions
What is the difference between an annulment and a divorce in Virginia?
An annulment declares the marriage legally void, as if it never happened. A divorce dissolves a legally valid marriage. Grounds for annulment are specific, such as fraud, bigamy, or incapacity, and are outlined in Va. Code § 20-89.1.
How long does an annulment take in Chesapeake Circuit Court?
It depends on the case’s complexity and whether it is contested. An uncontested annulment where both parties agree on the grounds may be resolved in a few months. A contested case requiring evidence and hearings can take significantly longer.
Can I get an annulment if my marriage was never consummated?
Yes. Impotency or the inability to consummate the marriage, if unknown to the other spouse at the time of marriage, can be grounds for an annulment in Virginia under specific conditions. You should consult a marriage annulment petition lawyer in Chesapeake to evaluate your situation.
What happens to property and children after an annulment?
Since an annulment voids the marriage, equitable distribution laws for property division may not apply in the same way as in divorce. However, the court can still issue orders regarding child custody, support, and visitation, as the children’s legitimacy is not affected by the annulment of their parents’ marriage.
Do I need a lawyer to file for an annulment in Chesapeake?
While not legally required, it is highly advisable. Annulment law is complex, with strict procedural rules and a high burden of proof. An experienced annulment lawyer Chesapeake can ensure your petition is filed correctly, your evidence is properly presented, and your rights are protected throughout the process.
For more information on court procedures, visit the Virginia Courts website.
Related Practice Areas: Chesapeake Divorce Lawyer | Chesapeake Child Custody Lawyer
Serving Nearby: Henrico County Family Lawyer | Chesterfield County Family Lawyer
Virginia Family Law: Virginia Family Law Attorney
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.