Fairfax County Annulment Lawyer — Is Your Marriage Eligible for Annulment?
An annulment in Fairfax County legally declares a marriage void from its start, unlike a divorce which ends a valid marriage. Grounds include bigamy, incest, underage marriage without consent, or mental incapacity under Va. Code § 20-45.1. Law Offices Of SRIS, P.C. provides experienced legal guidance for your marriage annulment petition. An experienced annulment lawyer in Fairfax County can assess your specific situation.
Last verified: April 2026 | Fairfax County Circuit Court | Virginia General Assembly
Virginia Annulment Law and Void Marriages
In Virginia, an annulment is a legal decree that a marriage was never legally valid. This differs from a divorce, which dissolves a valid marriage. The grounds for annulment are specific and limited by statute. A void marriage is one that is invalid from the outset, such as a marriage between close relatives or where one party was already legally married. A voidable marriage is one that can be annulled due to a defect existing at the time of the marriage, like fraud or incapacity. The process for seeking an annulment is filed in the Circuit Court where either party resides.
For the official Virginia statute, see Va. Code § 20-45.1 (official Virginia General Assembly). For local court procedures, visit the Fairfax County Circuit Court website.
Procedural Steps for an Annulment in Fairfax County
Seeking an annulment requires handling specific legal procedures. In Fairfax County, these cases are heard in the Circuit Court. The process begins with determining if you have valid grounds under Virginia law. You must then file a formal complaint with the court, which must be properly served on your spouse. The court may require a hearing to consider evidence before issuing a final decree of annulment.
- Consult with an attorney to review your marriage facts against Virginia’s annulment grounds.
- Your attorney drafts and files a Complaint for Annulment with the Fairfax County Circuit Court.
- The complaint is formally served on your spouse, who then has time to file an answer.
- If the case is contested, the court will schedule a hearing to take evidence and testimony.
- The judge reviews all evidence and issues a final decree declaring the marriage null and void.
Why Choose Our Firm for Your Annulment Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to complex family law matters. Our firm has a documented record of favorable outcomes. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in family law at the legislative level. We understand the sensitive nature of annulment cases and provide direct, case-specific legal advice.
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 Experience in Fairfax County
Our attorneys have extensive experience in Fairfax County courts. We have secured favorable resolutions in a wide range of family and civil matters. For instance, our team has successfully handled cases involving complex marital issues. Each case outcome depends on its unique facts and evidence.
Results may vary. Prior results do not guarantee a similar outcome.
Annulment Lawyer Near Fairfax County
Our Fairfax location is centrally located to serve clients at the Fairfax County courts. We represent individuals from Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. For a void marriage lawyer in Fairfax County, contact us for a confidential consultation.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Annulment Lawyer Fairfax County FAQ
What is the difference between an annulment and a divorce in Virginia?
An annulment declares a marriage legally invalid from the beginning, as if it never existed. A divorce dissolves a legally valid marriage. Grounds for annulment are specific, such as bigamy, incest, or underage marriage without consent.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For fraud, you generally must file within two years of discovering the fraud. For underage marriage, you must file before the underage party turns 18. Other grounds have different timelines, so consulting an attorney quickly is important.
What are common grounds for a marriage annulment petition in Virginia?
Common grounds include: one party was already married (bigamy), the parties are close blood relatives, one party was under 18 without required consent, one party lacked mental capacity to consent, or the marriage was entered into under fraud or duress.
Do I need a lawyer for an annulment in Fairfax County?
Yes. Annulment law is complex with strict procedural and evidentiary requirements. An experienced annulment lawyer in Fairfax County can properly evaluate your grounds, prepare the necessary court filings, and represent you in hearings to seek the decree.
What happens to property and children after an annulment?
Since an annulment voids the marriage, property is typically divided as if the parties were never married, though equitable claims may apply. Children born from an annulled marriage are still considered legitimate, and the court will establish custody and support orders.
For more information, see our Virginia Family Law hub page. We also assist with criminal defense in Fairfax County and DUI defense in Fairfax County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.