Marriage Annulment Lawyer Virginia Beach — How to Petition for a Void Marriage
A marriage annulment lawyer Virginia Beach can help you petition the Virginia Beach Circuit Court to have your marriage declared legally void under Virginia law. An annulment is different from a divorce; it treats the marriage as if it never existed. Grounds for annulment in Virginia include bigamy, incest, underage marriage without consent, mental incapacity, or fraud.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
What Is a Marriage Annulment in Virginia?
An annulment is a legal decree that a marriage is void or voidable, meaning it was invalid from the start. This is distinct from divorce, which ends a valid marriage. Virginia law provides specific, narrow grounds for annulment. A void marriage is one that is illegal and invalid from the outset, such as a marriage between close relatives. A voidable marriage is one that can be annulled at the request of one party due to a defect existing at the time of the marriage, like fraud or incapacity. Successfully proving these grounds requires precise legal arguments and evidence presented to the Virginia Beach Circuit Court.
Virginia Annulment Laws and Grounds
The authority for annulments in Virginia is found in the state code. You must file your petition in the circuit court where you or your spouse resides.
Grounds for a void marriage (absolutely invalid):
- Bigamy (one party was already legally married).
- Incest (marriage between certain close relatives).
- Underage marriage without required court consent.
Grounds for a voidable marriage (can be annulled if challenged):
- Lack of mental capacity at the time of marriage.
- Fraud or duress that induced the marriage.
- Physical incapacity (impotency) that existed at the time of marriage and is incurable.
- One party was under the influence of drugs or alcohol and unable to consent.
For official statutes, review the Virginia Code on Marriage (Title 20, Chapter 2). For local filing procedures, visit the Virginia Beach Circuit Court website.
- Consult a Virginia Beach Annulment Lawyer: Discuss your situation to determine if you have valid grounds for an annulment under Virginia law.
- Gather Evidence: Collect all necessary documentation, such as marriage certificates, proof of prior marriage, medical records, or evidence of fraud.
- File a Petition: Your attorney will prepare and file a formal Petition for Annulment with the Virginia Beach Circuit Court clerk’s office and pay the filing fee.
- Serve Your Spouse: The petition must be legally served on your spouse, who then has time to file an answer.
- Attend Court Hearings: Depending on the case, you may need to attend hearings where a judge will review the evidence and arguments.
- Obtain the Decree: If the judge grants the annulment, you will receive a Decree of Annulment declaring the marriage void.
Consequences and Considerations of Annulment
An annulment can have significant legal implications. Generally, property is divided as if the parties were never married, based on who holds title. The court may still order temporary spousal support in some voidable marriages. Children born of an annulled marriage are still considered legitimate, and the court will establish custody and child support orders. Unlike divorce, there is no statutory waiting period, but the process can be complex. Consulting a marriage annulment petition lawyer Virginia Beach is crucial to handle these issues.
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 Firm Authority
Law Offices Of SRIS, P.C. was founded in 1997. Our firm-wide track record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. In Virginia Beach, we have secured positive results for clients across various family law matters. Mr. Sris, the firm’s founder and a former prosecutor, personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in the development of state family law.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Virginia Beach Annulment Attorneys
Our Richmond location serves clients with matters in Virginia Beach courts. We are accessible via I-64 and I-264. We serve Virginia Beach, Sandbridge, Oceana, and surrounding communities.
Law Offices Of SRIS, P.C.
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.
Virginia Beach Marriage Annulment Lawyer FAQ
What is the difference between an annulment and a divorce in Virginia?
An annulment declares a marriage legally invalid from the start, as if it never happened. A divorce dissolves a legally valid marriage. The grounds, legal procedures, and outcomes for property and support are different.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. There is no universal statute of limitations, but some voidable grounds, like fraud, should be challenged promptly after discovery. A void marriage lawyer Virginia Beach can advise on timelines specific to your case, as delay can be seen as ratifying the marriage.
Can I get an annulment if my spouse lied to me?
Possibly, if the fraud is material and goes to the essence of the marriage contract (e.g., lying about wanting children or hiding a fundamental aspect of identity). Simple pre-marital lies may not be sufficient grounds under Virginia law.
What happens to our property if our marriage is annulled?
Property is typically returned to the individual who owns it. There is no “marital” property to divide equitably as in a divorce. The court may use principles of constructive trust or unjust enrichment to resolve financial disputes if one party contributed to the other’s separate property.
Do I need a lawyer to file an annulment petition in Virginia Beach?
While not legally required, it is highly advisable. The grounds are narrow, the burden of proof is high, and the process involves specific legal procedures in Circuit Court. An experienced marriage annulment lawyer Virginia Beach can properly present your case and evidence.
Related Legal Resources
If you are dealing with family law issues in Virginia Beach, you may also find our pages on Virginia Divorce Lawyers and Virginia Beach Criminal Defense Lawyers useful. For matters in nearby areas, see our Henrico County Family Lawyer page.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.