Fauquier County Annulment Lawyer — Is Your Marriage Void or Voidable?
An annulment legally declares a marriage void from its start under Virginia law, distinct from divorce. In Fauquier County, grounds include bigamy, incest, or one party being underage. Law Offices Of SRIS, P.C. provides experienced counsel for marriage annulment petitions. Our firm has 73 documented case results in this locality. Contact an annulment lawyer Fauquier County for a case review.
Virginia Annulment Law and Grounds
Virginia law provides specific, narrow grounds for annulment, which treats the marriage as if it never legally existed. The relevant statute is Va. Code § 20-89.1. A void marriage is invalid from the outset, while a voidable marriage is valid until a court annuls it. Grounds for a void marriage include bigamy (one spouse was already legally married) or incest (parties are close blood relatives). Grounds for a voidable marriage include one party being under the legal age of consent (under 18 without required consents) or lacking mental capacity at the time of the ceremony.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s marriage and annulment statutes, refer to the official Virginia Code, Title 20, Chapter 2. The Fauquier County Circuit Court website provides local forms and filing information for family law matters, including annulments.
The Annulment Process in Fauquier County Circuit Court
Filing for an annulment in Fauquier County requires a petition to the Circuit Court. The process is distinct from divorce and hinges on proving one of the statutory grounds existed at the time of the marriage. The court will not divide property under equitable distribution rules as in divorce, but may address issues like child custody, support, and the return of property based on equitable principles.
- Consult with an Attorney: Determine if you have valid grounds for an annulment under Virginia law.
- File a Petition: Your attorney will prepare and file a formal annulment petition with the Fauquier County Circuit Court clerk’s office.
- Serve the Other Party: The petition must be legally served on your spouse, who then has time to file an answer.
- Court Hearing: If the case is contested, a hearing will be scheduled where you must present evidence to prove the grounds for annulment.
- Court Order: If the judge grants the annulment, a final order will be issued declaring the marriage null and void.
Why Choose Our Firm for Your Annulment Case
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to complex family law matters. Mr. Sris, our managing attorney, personally played a key role in amending Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep involvement in the evolution of state family law. We understand the sensitive and precise nature of annulment cases.
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
Documented Case Results in Fauquier County
Our firm has a documented record of 73 case results across all practice areas in Fauquier County, with a 97% favorable outcome rate. For example, our team has successfully navigated cases involving complex marital status issues. Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, provides strategic oversight on intricate cases involving financial disclosures or asset tracing that can arise in annulment proceedings where property must be returned.
Results may vary. Prior results do not guarantee a similar outcome.
Annulment Lawyer Near Fauquier County
Our Fairfax location serves clients in Fauquier County and is accessible via I-66, Route 29, and Route 17. We represent individuals in Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Fauquier County Annulment FAQs
What is the difference between an annulment and a divorce in Virginia?
An annulment declares the marriage legally invalid from the beginning (void), while a divorce legally ends a valid marriage. Property division in an annulment is not governed by equitable distribution but by who holds legal title or through separate equitable claims.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For underage marriages, the underage party must file before turning 19. For marriages based on fraud or force, you typically must file promptly after discovering the fraud or being free from force. A void marriage lawyer Fauquier County can advise on specific deadlines for your situation.
Can I get an annulment if my spouse lied to me?
Possibly, but Virginia law is strict. Fraud must go to the “essence” of the marriage—such as lying about the desire to have children or one’s identity—not merely about financial status or character. Proving such fraud requires strong evidence.
What happens to our children if my marriage is annulled?
The annulment of a marriage does not affect the legitimacy of children born during the marriage. The Fauquier County Juvenile and Domestic Relations Court will still establish custody, visitation, and child support orders based on the child’s best interests, just as in a divorce.
Do I need a lawyer to file an annulment petition in Fauquier County?
While not legally required, it is highly advisable. The legal standards are high, the procedure is specific, and the consequences are significant. An experienced marriage annulment petition lawyer Fauquier County can gather necessary evidence, handle court rules, and advocate for your rights.
Related Legal Information
If you are considering an annulment, you may also want to learn about Virginia divorce law. For other legal needs in the area, see our pages on Fauquier County criminal defense and Fauquier County DUI defense. We also serve neighboring communities like Fairfax County.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your annulment case.