Chesapeake Annulment Lawyer — Is Your Marriage Eligible for Annulment?

An annulment legally declares a marriage void, as if it never existed, under specific Virginia statutes. If you need an annulment lawyer in Chesapeake, the Law Offices Of SRIS, P.C. can assess your case. Grounds include bigamy, incest, underage marriage without consent, mental incapacity, or fraud. Our firm has handled complex family law matters across Virginia.

Last verified: April 2026 | Chesapeake Circuit Court | Virginia General Assembly

Virginia Annulment Law and Grounds

In Virginia, an annulment (or “decree of nullity”) is governed by statute and is far less common than divorce. It requires proving the marriage was invalid from its beginning (void) or voidable. A void marriage is one that the law never recognizes, such as a bigamous marriage or a marriage between close relatives. A voidable marriage is one that can be annulled by a court order due to a legal defect existing at the time of the marriage. The primary statute for annulments is Va. Code § 20-45.1, which outlines specific grounds. Successfully filing a marriage annulment petition in Chesapeake requires precise legal arguments and evidence presented to the Chesapeake Circuit Court.

Official Legal Resources

For the full text of Virginia’s marriage laws, review Va. Code § 20-45.1 (official Virginia General Assembly site). All annulment cases are filed in circuit court. You can find procedural information and forms at the Virginia Courts website.

The Annulment Process in Chesapeake Circuit Court

Seeking an annulment in Chesapeake involves a distinct legal process. Unlike divorce, there is no waiting period based on separation. However, the burden of proof is high—you must provide clear and convincing evidence that one of the statutory grounds exists. The process begins with filing a Complaint for Annulment in the Chesapeake Circuit Court, followed by serving the other party. If the ground is fraud, you must generally file soon after discovering the fraud. The court will schedule a hearing where you present evidence, which can include witness testimony, documents, or experienced opinions. If granted, the decree will address the annulment and may include ancillary issues like property division or child support, though child custody is established under the “best interests of the child” standard as in divorce cases.

1. Consult with a Chesapeake annulment lawyer to evaluate your grounds and evidence.
2. Your attorney drafts and files a Complaint for Annulment with the Chesapeake Circuit Court clerk.
3. The complaint is formally served on your spouse, who has 21 days to respond.
4. Both parties engage in discovery, exchanging relevant evidence and information.
5. Attend a court hearing where you present testimony and evidence to the judge.
6. The judge issues a final decree of annulment if the grounds are proven.

Why Choose Our Chesapeake Family Law Attorneys

Founded in 1997, the Law Offices Of SRIS, P.C. brings deep, specific experience to complex family law matters like annulments. Our founding attorney, Mr. Sris, personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating a significant understanding of Virginia family law at the legislative level. We combine this high-level insight with practical, court-focused strategy. Our team understands the nuanced difference between advocating for an annulment versus pursuing a divorce and can advise you on the most strategic path for your circumstances.

Case Results and Client Advocacy

While every case is unique, our firm has a documented record of achieving favorable outcomes in family law matters. In the Chesapeake area, we have secured positive results for clients facing complex marital dissolutions. Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, provides strategic oversight on intricate cases involving financial fraud or asset issues relevant to annulment proceedings.

Results may vary. Prior results do not guarantee a similar outcome.

Annulment in Chesapeake: Frequently Asked Questions

Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.