Annulment Lawyer Virginia, VA

Annulment is a legal process that declares a marriage void from its inception—as though it never existed. In Virginia, annulment is governed by Va. Code § 20-89.1 and is distinct from divorce. While divorce ends a valid marriage, annulment establishes that no valid marriage ever occurred because of a defect that existed at the time of the ceremony. Law Offices Of SRIS, P.C. represents clients seeking annulments throughout Virginia. Mr. Sris and his Of Counsel bring extensive combined legal experience to annulment matters, working to resolve them efficiently. Reach our location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Annulment Means in Virginia

Virginia law allows a court to annul a marriage in specific circumstances. The grounds for annulment are narrower than divorce grounds and focus on defects that prevented the marriage from being valid in the first place. For example, an annulment may be granted if one party lacked the capacity to consent to the marriage, if the marriage was procured by fraud, or if one party’s prior marriage was still in effect at the time of the ceremony. A residency requirement applies: under Va. Code § 20-97, at least one party must have been a bona fide resident and domiciliary of Virginia for at least six months before filing. Also, under Va. Code § 20-96, annulment actions are heard in the Circuit Court where either party resides.

Annulment differs from divorce in important ways. Because the marriage is treated as void, property division under Virginia’s equitable distribution statute (Va. Code § 20-107.3) may not apply in the same way it does in a divorce. Instead, the court focuses on restoring the parties to their pre-marital positions as much as possible. Child custody and support are determined under the trusted‑interests standards of Va. Code § 20-124.3, regardless of whether the parents were ever validly married. An experienced family law attorney can help you understand which path—annulment or divorce—fits your situation.

How Mr. Sris and His Of Counsel Handle Annulment Cases

When you contact Law Offices Of SRIS, P.C. about an annulment, a consultation is scheduled to review the facts. Mr. Sris and his Of Counsel assess whether the marriage meets Virginia’s statutory grounds for annulment. If annulment is viable, the next step is preparing and filing a Complaint in the appropriate Virginia Circuit Court. Once the Complaint is served on the other party, the case proceeds according to the court’s calendar. If the other party does not contest the annulment, the court may grant the annulment after a hearing in which the facts are established by testimony or other evidence. In contested matters, the court will hear both sides and make a decision based on the evidence presented.

Throughout the process, Mr. Sris and his Of Counsel work to explain each stage clearly and to protect your interests. They are accustomed to coordinating with the circuit court clerk’s office and managing the procedural requirements that vary from one Virginia county to another. Because annulment can affect property rights, support obligations, and custody arrangements, it is important to have counsel who understands the full range of Virginia family law. Mr. Sris and his Of Counsel handle annulment with the same attention to detail they apply to complex divorce and custody cases.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced family law in Virginia since 1997. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm’s Of Counsel attorneys bring additional experience in family law and related practice areas. Together, Mr. Sris and his Of Counsel provide representation that draws on decades of combined legal work across multiple jurisdictions.

Mr. Sris and his Of Counsel have handled annulment and other family law matters throughout Virginia. Results may vary. To discuss your annulment question, reach our location at (888) 437-7747.

Frequently Asked Questions

What is an annulment in Virginia?

An annulment in Virginia is a court order that declares a marriage void from the start because a legal defect existed at the time of the wedding. Unlike a divorce, which ends a valid marriage, an annulment says the marriage never legally existed. Annulments are available only under specific grounds set out in Va. Code § 20-89.1. Because the marriage is treated as void, property division and spousal support may be handled differently than in a divorce. A Virginia annulment lawyer can explain whether your situation qualifies.

What are the grounds for an annulment in Virginia?

Virginia law recognizes several grounds for annulment, including fraud, duress, lack of capacity, prior existing marriage, and certain prohibited relationships. For example, if one party concealed a material fact that induced the marriage, the innocent party may seek an annulment. If one party was already legally married to someone else at the ceremony, that marriage is void ab initio. The exact ground affects how the case is proven and the evidence needed. An experienced attorney can help identify the most appropriate ground for your circumstances.

How is annulment different from divorce in Virginia?

Annulment treats the marriage as if it never legally existed, while divorce ends a marriage that was valid at its inception. Because of this distinction, property division in an annulment may not follow Virginia’s equitable distribution framework the same way it does in a divorce. Child custody and support are still determined based on the child’s best interests under Va. Code § 20-124.3. Annulment petitions are filed in Circuit Court under Va. Code § 20-96, just as divorce complaints are. The choice between annulment and divorce depends on the specific facts and the available legal grounds.

Does Virginia recognize Catholic annulments?

A Catholic annulment is a religious declaration from the Church and is not the same as a civil annulment recognized by Virginia law. A Church annulment addresses the religious validity of the marriage; it does not automatically end the marriage in the eyes of Virginia courts. To dissolve a marriage under Virginia law, you must obtain a civil annulment or divorce through the state court system. However, a Church annulment may be relevant if you seek to remarry within the Catholic faith. A Virginia family law attorney can help you pursue the civil steps you need.

Do I need a lawyer for an annulment in Virginia?

You are not required by law to hire a lawyer for an annulment, but having legal representation helps ensure the petition is filed correctly and that your rights concerning property, support, and custody are protected. Annulment cases involve complex legal standards; proving the grounds can be challenging without an attorney. Mr. Sris and his Of Counsel have extensive experience with Virginia family law. To request a consultation, call (888) 437-7747.

How long does an annulment take in Virginia?

The timeline for an annulment in Virginia varies depending on whether the case is contested and the court’s schedule. If both parties agree and the grounds are clear, the annulment can be finalized in a matter of months after filing. Contested cases, or those requiring a hearing on the validity of the marriage, may take longer. The court’s calendar, the need to serve the other party, and the complexity of the evidence all influence the length of the proceeding. An attorney can provide a more specific estimate after reviewing the case.

Virginia Annulment Lawyer Locations Served:
Annulment Lawyer Fairfax County |
Annulment Lawyer Richmond |
Annulment Lawyer Virginia Beach |
Annulment Lawyer Norfolk |
Annulment Lawyer Prince William County

Virginia Legal Resources:
Virginia Code Title 20 (Domestic Relations) |
Virginia’s Judicial System |
Va. Code § 20-89.1 (Annulment)

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