Chesterfield County Annulment Lawyer — Is Your Marriage Void or Voidable?
An annulment legally declares a marriage void, as if it never existed, under Virginia law. In Chesterfield County, an annulment lawyer from Law Offices Of SRIS, P.C. can help you file a marriage annulment petition if your marriage meets specific grounds like bigamy, incest, or underage marriage without consent. Our firm has handled family law matters in Chesterfield County courts.
Last verified: April 2026 | Chesterfield County Circuit Court | Virginia General Assembly
An annulment is distinct from a divorce. While a divorce ends a valid marriage, an annulment establishes that a valid marriage never occurred due to a legal defect existing at the time of the ceremony. Virginia law categorizes these defects into void marriages (absolutely invalid) and voidable marriages (can be annulled by a court order). Understanding the difference is critical, and a skilled annulment lawyer Chesterfield County is essential for handling this process.
The grounds for annulment in Virginia are strictly defined by statute. A void marriage is one that is illegal from its inception. Examples include bigamy (one party was already legally married), incest (marriage between close relatives), or a marriage where one party lacked the mental capacity to consent. These marriages are considered null and void without needing a court order, though a formal annulment decree is often sought for clarity. A voidable marriage, however, is considered valid until a court annuls it. Grounds include fraud, duress, impotence, or underage marriage without proper consent.
- Consult with an Attorney: Discuss your situation with a family law attorney to determine if you have grounds for an annulment versus a divorce.
- File a Complaint: Your attorney will file a formal complaint for annulment with the Chesterfield County 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.
- Present Evidence: At a hearing, you must present clear and convincing evidence to the judge proving the grounds for annulment.
- Obtain the Decree: If successful, the court will issue a decree of annulment, legally dissolving the marriage.
Virginia Annulment Laws and Procedures
The statutory basis for annulments in Virginia is found in the Virginia Code Title 20, Chapter 2. It’s crucial to act within statutory time limits; for example, an annulment based on fraud typically must be sought within two years of discovering the fraud. The process for a marriage annulment petition lawyer Chesterfield County involves filing in the Circuit Court where either party resides. Unlike divorce, there is no required separation period for an annulment.
For a void marriage lawyer Chesterfield County, the key distinction is that no court action is technically required to establish the marriage’s invalidity. However, obtaining a formal decree is highly advisable to legally document the status for matters like remarriage, property rights, and name changes. The court will also address ancillary issues like child custody, support, and property division if applicable, similar to a divorce proceeding.
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 Firm Authority
Law Offices Of SRIS, P.C. brings substantial experience to family law cases. Founded in 1997, our firm has over 120 years of combined attorney experience. In Chesterfield County, we have a documented record of handling family law matters. Our managing attorney, Mr. Sris, personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in the evolution of state family law.
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
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location serves clients in Chesterfield County. We are accessible via I-95, I-295, and Route 1, providing representation for those seeking an annulment lawyer Chesterfield County near Midlothian, Chester, Colonial Heights, Bon Air, Brandermill, and Moseley.
Annulment in Chesterfield County: Frequently Asked Questions
What is the difference between an annulment and a divorce in Virginia?
A divorce ends a legally valid marriage. An annulment is a legal decree that a marriage was never valid due to specific grounds existing at the time of the wedding, such as bigamy, fraud, or incapacity.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For fraud or force, you typically must file within two years of discovering the fraud or being free from the force. For underage marriage without consent, you must file before the underage party turns 18. A marriage annulment petition lawyer Chesterfield County can advise on your specific timeline.
What happens to property and children after an annulment?
Even if a marriage is annulled, the court still has authority to decide issues of child custody, child support, and spousal support. Property division is handled under principles of equitable distribution, similar to divorce, to fairly divide assets acquired during the relationship.
Can I get an annulment if my spouse lied to me?
Yes, fraud can be a ground for a voidable marriage. However, the lie must go to the essence of the marriage—such as concealing an inability to have children if that was a fundamental reason for marrying—not a minor deception. Proving this requires strong evidence.
Where are annulment cases filed in Chesterfield County?
Annulment complaints are filed with the Chesterfield County Circuit Court, located at 9500 Courthouse Road, Chesterfield, VA 23832. You can find more information on the court’s official website.
For more information on related legal matters, see our pages on Virginia Family Law, Henrico County Family Lawyer, and Chesterfield County Criminal Defense Lawyer.