Marriage Annulment Lawyer New Kent County — What Are the Grounds?
An annulment in New Kent County is a legal decree that a marriage is void from the start, unlike a divorce which ends a valid marriage. Grounds are strict under Va. Code § 20-89.1, including bigamy, incest, or underage marriage without consent. Law Offices Of SRIS, P.C. has 11 documented case results in New Kent County.
Virginia Annulment Law and Statute
In Virginia, an annulment (or declaration of nullity) is governed by statute and treats the marriage as if it never legally existed. The primary statute is Va. Code § 20-89.1, which outlines the specific grounds required. A void marriage lawyer New Kent County can explain that these grounds are limited and fact-specific, requiring clear and convincing evidence presented to the New Kent County Circuit Court.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 20-89.1 (official Virginia General Assembly) – The statute defining annulment grounds.
- New Kent County Circuit Court – The court where annulment petitions are filed and heard.
Grounds for Annulment in New Kent County
Virginia law recognizes two categories: void marriages (automatically invalid) and voidable marriages (can be annulled by a court order).
- Determine Grounds: Review your situation against the statutory grounds in Va. Code § 20-89.1.
- File a Complaint: Your attorney files a “Complaint for Annulment” with the New Kent County Circuit Court clerk.
- Serve the Other Party: The complaint must be legally served on your spouse.
- Court Hearing: A judge will hear evidence to determine if the legal grounds for annulment are met.
- Final Decree: If proven, the court enters a Decree of Annulment, declaring the marriage null.
Annulment vs. Divorce in Virginia
In New Kent County, an annulment legally erases a marriage, while a divorce terminates a valid one. The choice has significant implications for property rights, spousal support, and even how the relationship is viewed legally.
| Basis | Annulment | Divorce |
|---|---|---|
| Legal Effect | Marriage is declared void *ab initio* (from the beginning). | Valid marriage is legally dissolved from the date of the final decree. |
| Grounds | Specific statutory defects at the time of marriage (Va. Code § 20-89.1). | No-fault separation or fault grounds like adultery/cruelty (Va. Code § 20-91). |
| Property Division | No “marital” property; assets divided as if never married (can be complex). | Equitable distribution of marital property under Va. Code § 20-107.3. |
| Spousal Support | Generally not awarded, as no valid marriage existed. | May be awarded based on need and ability to pay. |
Results may vary. Prior results do not guarantee a similar outcome.
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 legal experience to complex family law matters. Mr. Sris personally played a role in amending Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep involvement in Virginia family law. We understand the nuanced evidence required to prove annulment grounds in New Kent County Circuit Court.
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 Advocacy
Our firm has a documented record of 11 case results in New Kent County across all practice areas, with a 100% favorable outcome rate for those cases. Mr. Sris, our managing attorney and a former prosecutor with a multi-state practice, provides strategic oversight on complex family law matters. Success in an annulment case depends on meticulously proving the specific statutory ground applies to your situation.
Results may vary. Prior results do not guarantee a similar outcome.
Marriage Annulment Lawyer Near New Kent County
Our Richmond location serves clients in New Kent County and is accessible via I-64. We provide experienced legal representation for those seeking a marriage annulment lawyer New Kent County.
Serving: New Kent, Providence Forge, Quinton, and surrounding communities.
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Annulment Law 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, as if it never happened. A divorce ends a legally valid marriage. The grounds, procedures, and financial outcomes are completely different.
What are the grounds for an annulment in Virginia?
Grounds are listed in Va. Code § 20-89.1 and include: one party was under 18 without consent, impotence at the time of marriage, bigamy, incest, mental incapacity, consent obtained by fraud or force, or a marriage prohibited by law.
How long does an annulment take in New Kent County?
It depends on the complexity and whether the other party contests it. An uncontested annulment with clear evidence can take a few months. A contested case requiring a trial can take significantly longer, similar to a contested divorce timeline.
Can I get an annulment if my spouse lied to me?
It depends. The fraud must go to the “essence” of the marriage—such as lying about the desire to have children or hiding a fundamental identity—not just about finances or status. Proving this standard is a key role for a void marriage lawyer New Kent County.
What happens to property and children after an annulment?
Property is not divided as “marital property.” The court will determine ownership based on who holds title or contributed assets. Children from an annulled marriage are still considered legitimate, and custody and support are determined using the same standards as in divorce.
Do I need a lawyer to file for an annulment?
Yes. The legal standards are strict and the process is complex. An experienced marriage annulment petition lawyer New Kent County is essential to gather the correct evidence, file the proper pleadings, and advocate for you in court to meet the high burden of proof.
Related Legal Services in New Kent County: If you are considering ending your marriage, you may also want to learn about divorce law in New Kent County or criminal defense. For all Virginia family law matters, visit our Virginia Family Law hub page. We also serve neighboring areas like Henrico County and Chesterfield County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.