Annulment Lawyer Lexington — Is Your Marriage Eligible to Be Voided?
An annulment in Lexington, Virginia, legally declares a marriage void from its start under specific grounds in Va. Code § 20-89.1. This differs from divorce, which ends a valid marriage. If you need to challenge the validity of your marriage, consulting with an experienced annulment lawyer in Lexington is a critical first step. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Virginia Annulment Law and Grounds
Virginia law provides specific, limited grounds for annulment (Va. Code § 20-89.1), which differ from the broader reasons for divorce. An annulment legally declares a marriage void ab initio (from the beginning), as if it never legally existed. This contrasts with divorce, which dissolves a valid marriage. Grounds for annulment in Virginia include bigamy (one party was already married), incest, underage marriage without proper consent, mental incapacity at the time of marriage, fraud, duress, or physical incapacity to consummate the marriage. Proving these grounds requires specific evidence and adherence to strict procedural rules in Lexington Circuit Court.
Official Legal Resources
For the full text of Virginia’s annulment statutes, visit the Virginia Code § 20-89.1 (official Virginia General Assembly site). For local court procedures and forms, refer to the Lexington General District Court website.
The Annulment Process in Lexington Circuit Court
Filing for an annulment in Lexington involves a distinct legal process. You must file a formal complaint in the Lexington Circuit Court, clearly stating the specific statutory ground for annulment. Unlike a no-fault divorce, you cannot use separation as a basis. The burden of proof is on the petitioner to provide clear and convincing evidence supporting the claim, such as marriage certificates, medical records, or witness testimony. The court will schedule a hearing where both parties can present their case.
- Consult with an annulment lawyer in Lexington to evaluate your grounds and evidence.
- Your attorney drafts and files a Complaint for Annulment with the Lexington Circuit Court clerk.
- The complaint is formally served on your spouse, who then has time to file an answer.
- Both parties engage in discovery, exchanging evidence and information related to the annulment claim.
- Attend a court hearing where a judge reviews the evidence and makes a ruling on the validity of the marriage.
- If granted, the court enters a Decree of Annulment, legally voiding the marriage.
Potential Outcomes of an Annulment Case
In Lexington, a successful annulment results in the marriage being declared legally void, which can affect property rights, spousal support, and the legal status of any children from the union.
| Outcome | Legal Effect | Property Division | Spousal Support | Child-Related Issues |
|---|---|---|---|---|
| Annulment Granted | Marriage is void from the start. | Generally, no marital property; assets divided as if unmarried. | Typically not awarded, except possibly under narrow equity doctrines. | Children are still considered legitimate; custody and support are determined under Virginia law. |
| Annulment Denied | Marriage remains legally valid. | Parties may need to pursue divorce and equitable distribution under Va. Code § 20-107.3. | May be available through a subsequent divorce action. | Custody and support determined within a divorce proceeding. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Lexington Annulment Attorneys
Founded in 1997 by former prosecutor Mr. Sris, 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 Virginia family law, Mr. Sris personally amended the state’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep legislative and practical insight. We understand the nuanced difference between an annulment and a divorce and can advise you on the most strategic path for your situation in Lexington.
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 Lexington
While specific annulment results are confidential, our firm has a documented history of achieving favorable outcomes in Lexington courts. For example, we have secured dismissals (nolle prosequi) in local traffic cases and successful reductions in reckless driving charges. These results demonstrate our capability to handle Lexington General District Court procedures effectively. Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, provides strategic oversight on complex cases involving financial disclosures or allegations of fraud that may be relevant to an annulment petition.
Contact Our Lexington Annulment Lawyers
Our Richmond location serves clients with annulment and void marriage cases in Lexington and the surrounding counties. We offer 24/7 phone consultations and meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Our Richmond office is centrally located to serve clients at the Lexington courts (2 South Main Street). We represent individuals throughout the region, including the communities of Lexington. For a marriage annulment petition lawyer Lexington residents can trust, contact us anytime.
Annulment Lawyer Lexington FAQ
What is the difference between an annulment and a divorce in Virginia?
An annulment declares a marriage legally invalid from the start (void), while a divorce ends a valid marriage. Grounds for annulment are specific, like bigamy, fraud, or incapacity, and are found in Va. Code § 20-89.1.
How long do I have to file for an annulment in Virginia?
It depends on the ground. For fraud or force, you must generally file within two years of discovering the fraud or being free from force. For underage marriage, it’s before the minor reaches the age to consent. A void marriage lawyer Lexington can advise on specific deadlines for your case.
Can I get an annulment if my spouse lied about wanting children?
Possibly, but it is challenging. Virginia courts may consider fraud as a ground for annulment if the lie goes to the essence of the marriage contract. You must prove the deception was material and that you relied on it. Proving this requires strong evidence.
What happens to our property if my marriage is annulled?
Since an annulment voids the marriage, there is typically no “marital property” to divide under equitable distribution laws. Instead, assets are usually returned to the individual who owned them, or divided based on who holds title, which can be complex.
Are children from an annulled marriage considered legitimate?
Yes. Virginia law presumes that children born during a marriage that is later annulled are legitimate. The annulment does not affect the parents’ obligations for child custody and support, which are determined separately under Virginia law.
Internal Links: For more on Virginia family law, see our Virginia Family Law hub page. For help in nearby areas, consider our Henrico County family lawyers. If you are also facing other legal issues, we provide criminal defense representation in Lexington.
Page last verified and updated: April 2026. Laws and procedures change. For current guidance on annulment in Lexington, contact Law Offices Of SRIS, P.C.