Marriage Annulment Lawyer New Kent County — What Are Your Legal Grounds?
A marriage annulment in New Kent County is a legal decree that a marriage is void or voidable under Virginia law, as defined in Va. Code § 20-89.1. Unlike divorce, it treats the marriage as if it never legally existed. The Law Offices Of SRIS, P.C. has 11 documented case results in New Kent County.
Virginia Annulment Law and Grounds
Virginia law provides specific, limited grounds for annulment, which are distinct from divorce. An annulment legally declares a marriage invalid from its inception. The relevant statute is Va. Code § 20-89.1, which outlines the circumstances under which a marriage is void or voidable. A void marriage is one that is invalid from the start and can be declared so by any court at any time. A voidable marriage is valid until a court annuls it based on a petition from one of the parties.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm brings deep knowledge of Virginia family law statutes and courtroom procedures. Mr. Sris personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating a commitment to shaping family law.
Official Legal Resources
- Va. Code § 20-89.1 (official Virginia General Assembly) – Defines void and voidable marriages.
- New Kent County Circuit Court – Official court website for filing an annulment petition.
Annulment Process in New Kent County Circuit Court
Filing a marriage annulment petition in New Kent County requires handling specific procedural rules at the Circuit Court. The process differs significantly from divorce, as you must first prove the marriage meets the strict legal criteria for being void or voidable. The court will scrutinize the evidence supporting your claimed ground for annulment.
- Consult with a Lawyer: Have an attorney review your situation to determine if you have valid grounds for annulment under Virginia law.
- Gather Evidence: Collect all necessary documentation, such as proof of a prior existing marriage, evidence of fraud, or medical records related to impotence or incapacity.
- File the Petition: Your lawyer will prepare and file a “Bill of Complaint for Annulment” with the New Kent County Circuit Court clerk and pay the filing fee.
- Serve the Other Party: The respondent must be formally served with the annulment papers according to Virginia law.
- Attend Hearings: Participate in any required hearings where you must present evidence to prove your case for annulment.
- Obtain the Decree: If the court agrees, it will enter a final decree of annulment, legally declaring the marriage null.
Grounds for Annulment in Virginia
In New Kent County, a marriage annulment can be granted only for specific reasons defined by Virginia statute, such as bigamy, fraud, or incapacity.
| Ground for Annulment | Type (Void/Voidable) | Key Legal Point | Evidence Required |
|---|---|---|---|
| Bigamy (One party was already married) | Void | Marriage is automatically invalid; can be challenged by anyone. | Certified copy of prior marriage certificate. |
| Incest (Parties are too closely related) | Void | Prohibited by Va. Code § 20-38.1. | Birth certificates or other proof of relationship. |
| Underage marriage without required consent/court order | Voidable | Minor or parent/guardian can petition for annulment. | Proof of age at time of marriage. |
| Mental incapacity or insanity at time of marriage | Voidable | Petitioner must not have known of the condition at the time. | Medical records, experienced testimony. |
| Fraud, duress, or force | Voidable | Fraud must go to the essence of the marriage. | Documentation, witness statements, communications. |
| Physical incapacity (Impotence) and refusal to remedy | Voidable | Petitioner must have been unaware at the time of marriage. | Medical testimony. |
Results may vary. Prior results do not guarantee a similar outcome.
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 founding attorney, Mr. Sris, is a former prosecutor who has personally contributed to shaping Virginia family law. We understand the nuanced difference between seeking an annulment and filing for divorce, and we provide focused guidance on which path is legally appropriate for your circumstances.
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 Representation
In New Kent County, our firm has a documented record of handling family law matters. We have achieved 11 total documented case results across all practice areas in this locality with a 100% favorable outcome rate. Each annulment case depends on its unique facts and evidence. Our team, including firm founder Mr. Sris, works to build the strongest possible argument for your petition before the New Kent County Circuit Court.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our New Kent County Annulment Lawyers
Our Richmond location serves clients in New Kent County, providing representation at the New Kent County courts on 12001 Courthouse Circle. We are accessible via I-64, Route 33, and Route 249.
Marriage annulment lawyer near New Kent County serving New Kent, Providence Forge, and Quinton.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Marriage Annulment FAQs for New Kent County
What is the difference between an annulment and a divorce in Virginia?
An annulment declares the marriage legally invalid from the start (void or voidable), while a divorce legally ends a valid marriage. Annulment has specific statutory grounds under Va. Code § 20-89.1, such as bigamy, fraud, or incapacity.
How long does an annulment take in New Kent County?
It depends on the complexity of the case and court scheduling. An uncontested annulment with clear evidence may be resolved in a few months. A contested annulment requiring hearings and testimony can take significantly longer, similar to a contested divorce timeline.
Can I get an annulment if my spouse lied to me?
Possibly, but not all lies qualify. The fraud must go to the essence of the marriage contract—such as lying about the desire to have children, one’s identity, or the intent to commit to the marriage—as interpreted by Virginia courts and statute.
What happens to property and children after an annulment?
Virginia courts can still decide issues of property division, child custody, and support under the same principles as divorce, even after a marriage is annulled. The annulment decree itself will address the status of the marriage, but ancillary matters are handled separately.
Do I need a lawyer to file a marriage annulment petition in New Kent County?
Yes, it is highly advisable. The legal standards for annulment are strict and procedural requirements at New Kent County Circuit Court are specific. A lawyer ensures your petition correctly states a valid ground and that all evidence is properly presented.
Related Legal Services in New Kent County
If you are dealing with other family law issues, our firm also provides representation in divorce, child custody, and child support matters. For a broader view of our family law practice, visit our Virginia family law hub page. We also assist clients in nearby jurisdictions like Henrico County and Chesterfield County.
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.