Annulment Lawyer Colonial Heights — Is Your Marriage Void or Voidable?
An annulment in Colonial Heights declares a marriage legally void under Virginia law, as if it never existed. Grounds include bigamy, incest, or one party being underage or mentally incapacitated at the time of the marriage. The Law Offices Of SRIS, P.C. has 4+ documented case results in Colonial Heights.
Virginia Annulment Law and Grounds
Virginia law provides two paths to end a marriage: divorce (dissolution) and annulment (declaration of nullity). An annulment is legally distinct because it treats the marriage as invalid from its inception. The grounds are strictly defined by statute.
Last verified: April 2026 | Colonial Heights Circuit Court | Virginia General Assembly
The primary statute governing annulments in Virginia is Va. Code § 20-89.1. This code section outlines the specific circumstances under which a marriage is considered void or voidable. Understanding this distinction is critical for any annulment lawyer in Colonial Heights.
A void marriage is one that is illegal and invalid regardless of whether a court declares it so. Grounds for a void marriage include:
- Bigamy (one party was already legally married).
- Incest (parties are closely related by blood or adoption).
- Parties are of the same sex (based on Virginia’s definition at the time of the marriage).
A voidable marriage is considered valid until a court annuls it. Grounds include:
- One party was under the age of 18 at the time of marriage without proper consent.
- One party lacked the mental capacity to consent due to mental infirmity or intoxication.
- Consent was obtained by force, duress, or fraud.
- One party was physically incapable of consummating the marriage and the other party did not know at the time.
For a void marriage lawyer in Colonial Heights, the key is proving the existence of a legal impediment that made the marriage unlawful from the start.
Colonial Heights Annulment Process and Procedure
Filing for an annulment in Colonial Heights follows a specific legal procedure in the Colonial Heights Circuit Court. The process differs from a divorce, particularly regarding timelines and the burden of proof.
- Consultation with an Attorney: Determine if you have valid grounds for an annulment under Virginia law and understand the evidence required.
- Filing the Petition: Your attorney files a “Bill of Complaint for Annulment” with the Colonial Heights Circuit Court clerk, stating the grounds and requesting the marriage be declared void.
- Service of Process: The other spouse must be formally served with the court papers, giving them an opportunity to respond.
- Discovery and Evidence Gathering: This may involve subpoenas, depositions, and collecting documents to prove the grounds (e.g., prior marriage certificate, medical records).
- Court Hearing: If the case is contested, a judge will hear evidence and testimony before making a ruling on the validity of the marriage.
- Final Decree: If granted, the court issues a Decree of Annulment, legally declaring the marriage null and void.
Unlike divorce, there is no mandatory separation period for an annulment. However, there is a statute of limitations for some voidable grounds (e.g., fraud must typically be discovered and acted upon within a reasonable time).
Why Choose Our Annulment Lawyers in Colonial Heights
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our firm-wide track record includes 4,739+ case results with a 93%+ favorable outcome rate. In Colonial Heights, we have documented case results for clients.
Our lead Virginia family law attorney, Samantha Powers, holds a Ph.D. in Communication and a J.D., bringing a nuanced understanding to cases involving contested consent or fraud. Mr. Sris, the firm’s founder, personally played a role in amending Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep involvement in the evolution of Virginia family law.
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 Colonial Heights: The Law Offices Of SRIS, P.C. has 4 total documented case results across all practice areas in Colonial Heights, maintaining a 100% favorable outcome rate for these local matters.
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 Colonial Heights and is accessible via I-95 and Route 1. We are your local annulment lawyer near Colonial Heights Courthouse, serving the Colonial Heights community. We offer 24/7 phone consultations at (888) 437-7747—meetings are by appointment only.
Annulment Lawyer Colonial Heights FAQ
What is the difference between an annulment and a divorce in Virginia?
Yes. A divorce ends a valid marriage. An annulment declares the marriage was never legally valid from the start, as if it never happened, based on specific grounds like fraud, bigamy, or incapacity defined in Va. Code § 20-89.1.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For fraud, you must file within a reasonable time after discovering the fraud. For underage marriage, it must typically be filed before the minor turns 18. There is no time limit for void marriages like bigamy. An annulment lawyer in Colonial Heights can advise on your specific timeline.
Can I get an annulment if my spouse lied to me?
It depends. Virginia law allows annulment for fraud, but the lie must be about something material to the marriage contract (e.g., intent to have children, identity, or freedom from a prior marriage). Minor deceptions are generally insufficient. Proving material fraud requires strong evidence.
What happens to property and children after an annulment?
Since an annulment voids the marriage, there is no “marital property” to divide under equitable distribution. However, a court can use principles of contract or equity to divide assets. Children born of an annulled marriage are still considered legitimate, and the court will establish custody and support orders just as in a divorce.
Where do I file an annulment petition in Colonial Heights?
Annulment petitions are filed in the Colonial Heights Circuit Court, located at 550 Boulevard, Colonial Heights, VA 23834. The filing fee for a complaint is approximately $86, plus costs for service of process. A marriage annulment petition lawyer in Colonial Heights handles all filings and court appearances.
For more information on court procedures, visit the Virginia Courts website.
Related Practice Areas: If you are considering other legal options, we also assist with divorce in Colonial Heights, child custody matters, and criminal defense.
Other Locations: We also serve clients in neighboring areas like Chesterfield County and Henrico County. For a full overview of our family law services, see our Virginia Family Law hub page.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. for current legal guidance.