Annulment Lawyer Virginia Beach — How to Petition for a Void Marriage
An annulment in Virginia Beach legally declares a marriage void from its start, unlike a divorce which ends a valid marriage. Grounds include bigamy, incest, underage marriage without consent, or mental incapacity under Va. Code § 20-45.1. Law Offices Of SRIS, P.C. provides focused legal guidance for your marriage annulment petition in Virginia Beach.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
Virginia Annulment Law and Void Marriages
An annulment, or decree of nullity, is a court order stating a marriage was never legally valid. Virginia law provides specific, limited grounds for annulment, which are distinct from divorce. The primary statute governing void and voidable marriages is Va. Code § 20-45.1. A void marriage is one that is invalid from the outset, such as a bigamous marriage, while a voidable marriage (like one involving fraud) is valid until annulled by a court. Successfully handling this process requires precise legal arguments and adherence to strict procedural rules in the Virginia Beach Circuit Court.
Mr. Sris, founder of Law Offices Of SRIS, P.C., brings a background in accounting and information systems to complex family law matters, providing a strategic advantage in cases involving financial disclosures or asset tracing relevant to an annulment’s aftermath.
Official Legal Resources
For the full text of the law, refer to the Va. Code § 20-45.1 (official Virginia General Assembly site). All annulment petitions are filed with the Virginia Beach Circuit Court.
The Annulment Process in Virginia Beach Circuit Court
Seeking an annulment in Virginia Beach involves a specific legal pathway different from divorce. The key local procedural fact is that the Virginia Beach Circuit Court has exclusive jurisdiction over annulment petitions. The court scrutinizes petitions closely, as annulments are less common than divorces. Evidence must clearly and convincingly prove one of the statutory grounds existed at the time of the marriage ceremony.
- Consult with an attorney to review your situation and determine if valid annulment grounds exist under Virginia law.
- Your attorney will gather necessary evidence, such as marriage certificates, proof of a prior existing marriage, or medical/psychological evaluations.
- File a formal Complaint for Annulment (Decree of Nullity) with the Virginia Beach Circuit Court clerk and pay the filing fee.
- Ensure the other spouse is properly served with the complaint and a summons.
- Attend any required court hearings to present evidence and arguments before the judge.
- If granted, obtain the court’s final decree of annulment, which legally voids the marriage.
Grounds for Annulment in Virginia
In Virginia Beach, an annulment is only granted for specific legal grounds that render a marriage void or voidable from the beginning, such as bigamy or underage marriage without consent.
| Grounds for Annulment | Legal Classification | Key Consideration | Statutory Reference |
|---|---|---|---|
| Bigamy (One party was already married) | Void Ab Initio | Marriage is automatically void; court decree clarifies status. | Va. Code § 20-43 |
| Incest (Parties are too closely related) | Void Ab Initio | Prohibited degrees of kinship. | Va. Code § 20-38.1 |
| Underage Marriage (Without required court consent) | Voidable | Minor (16-17) without court approval, or any party under 16. | Va. Code § 20-48 |
| Mental Incapacity (At time of marriage) | Voidable | Lack of understanding to consent to marriage. | Va. Code § 20-45.1 |
| Physical Incapacity (Impotence) & Fraud | Voidable | Must be unknown to the other party at time of marriage. | Va. Code § 20-45.1 |
| Force or Duress | Voidable | Marriage entered into under threat or coercion. | Case Law |
Results may vary. Prior results do not guarantee a similar outcome.
Legal Authority in Virginia Beach Family Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and more than 4,739 case results firm-wide, our team brings deep knowledge to complex family law matters. Mr. Sris personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating a significant understanding of Virginia family law at the legislative level. This experience directly informs our strategic approach to annulment cases, where property and support issues may still need resolution.
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 Experience
Our firm has a documented record of favorable outcomes. In Virginia Beach, we have 8 total documented case results across all practice areas with a 100% favorable outcome rate. For example, our team has successfully resolved complex family law matters requiring detailed factual analysis and precise legal argumentation. Mr. Sris, the firm’s founder and managing attorney, maintains a selective caseload to ensure direct involvement in developing case strategy, particularly for nuanced matters like annulments where the distinction between void and voidable marriages is critical.
Results may vary. Prior results do not guarantee a similar outcome.
Annulment Lawyer Serving Virginia Beach, VA
Our Richmond location represents clients in Virginia Beach courts. We serve Virginia Beach, Sandbridge, and Oceana. For a void marriage lawyer Virginia Beach clients trust, contact us for a 24/7 phone consultation. Meetings are by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Virginia Beach 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 (void), while a divorce ends a legally valid marriage. Grounds for annulment are specific, such as bigamy or underage marriage without consent, and are distinct from no-fault or fault-based divorce grounds.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For fraud or impotence, you generally must file within two years of discovering the fraud or incapacity. For underage marriage, you must file before the minor turns 18. There is no time limit for void marriages like bigamy, but seeking a decree is advisable to clarify legal status.
Can I get an annulment if my marriage was never consummated?
Possibly. Virginia law allows annulment for physical incapacity (impotence) that is incurable and existed at the time of marriage, provided it was unknown to the other spouse. The inability or refusal to consummate may be grounds if it meets this legal standard, but it requires specific proof and legal argument.
What happens to property and children after an annulment?
Virginia courts can make orders regarding property division, child custody, and support following an annulment as if the parties were divorcing. The court uses equitable distribution principles for property and the “best interests of the child” standard for custody, even though the marriage is declared void.
Do I need a lawyer for a marriage annulment petition in Virginia Beach?
Yes. Annulment law is complex with strict procedural and evidentiary rules. An experienced annulment lawyer Virginia Beach residents can consult will ensure your petition is properly filed, your grounds are adequately proven, and your rights regarding property and children are protected in Virginia Beach Circuit Court.
For more information, see our Virginia Family Law hub page. We also assist clients in Henrico County and Chesterfield County. For other legal needs, consider our Virginia Beach criminal defense lawyer or Virginia Beach DUI lawyer services.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.