Henrico County Annulment Lawyer — Is Your Marriage Void or Voidable?
An annulment in Henrico County legally declares a marriage void from its start under Virginia law, distinct from divorce. Grounds include bigamy, incest, underage marriage without consent, or mental incapacity. The Law Offices Of SRIS, P.C. provides focused legal guidance for your marriage annulment petition in Henrico County.
Virginia Annulment Law and Grounds
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
Virginia law provides specific, narrow grounds for annulment, which are more limited than those for divorce. An annulment legally erases the marriage as if it never existed. The relevant statutes are primarily found in the Virginia Code, Title 20, Chapter 2. There are two categories: void marriages (invalid from the beginning) and voidable marriages (can be annulled by a court order).
Void vs. Voidable Marriages in Virginia
A void marriage is one that is illegal and invalid from the moment it occurs. No court order is technically needed to declare it void, but obtaining one provides legal clarity. Grounds for a void marriage include:
- Bigamy (one party was already legally married).
- Incest (marriage between close blood relatives).
- Marriage where a party lacks the mental capacity to consent.
A voidable marriage is considered valid until a court annuls it. Grounds include:
- Underage marriage without proper parental or judicial consent.
- Marriage induced by force, fraud, or coercion.
- Physical incapacity to consummate the marriage (and that incapacity is incurable).
For a voidable marriage, you must file a petition for annulment in the circuit court where you or your spouse resides. A skilled void marriage lawyer in Henrico County can assess your specific facts against these legal standards.
Key Differences Between Annulment and Divorce
Understanding the distinction is crucial for your case strategy.
| Aspect | Annulment | Divorce |
|---|---|---|
| Legal Effect | Declares marriage never legally existed. | Terminates a valid marriage. |
| Grounds | Specific, fault-based grounds (fraud, incapacity, etc.). | No-fault (separation) or fault-based grounds. |
| Property Division | No “marital property” as marriage was void; separate property rules apply. | Equitable distribution of marital property under Va. Code § 20-107.3. |
| Spousal Support | Generally not available. | May be awarded based on statutory factors. |
| Time Limit | Often shorter statutes of limitations (e.g., two years for fraud). | No similar time limit for filing based on separation. |
Because an annulment can affect property rights and support, consulting with an annulment lawyer in Henrico County is essential to protect your interests.
- Consult an Attorney: Schedule a consultation to review your marriage facts and determine if annulment grounds exist.
- Gather Evidence: Collect all relevant documents (marriage certificate, proof of prior marriage, medical records, communications demonstrating fraud).
- File the Petition: Your attorney will prepare and file a “Bill of Complaint for Annulment” with the Henrico County Circuit Court.
- Serve Your Spouse: The petition must be legally served on the other party, who then has time to file an answer.
- Court Hearing: If the case is uncontested, a hearing may proceed quickly. If contested, discovery and a trial may be necessary.
- Final Decree: If the court finds grounds, it will enter a decree of annulment, legally dissolving the marriage.
Why Choose Our Henrico County Annulment Attorneys
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings deep Virginia family law experience to every case. Our firm-wide record includes over 4,739 case results with a 93%+ favorable outcome rate. Mr. Sris personally played a role in amending Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating a significant understanding of Virginia marital law. While annulment cases are fact-specific, our team is skilled at handling the precise legal arguments required for success.
Results may vary. Prior results do not guarantee a similar outcome.
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 Experience in Henrico County
Our firm has extensive experience in Henrico County courts. For example, we have secured dismissals for reckless driving charges and reductions in DUI and drug possession cases in Henrico General District Court. While these are criminal matters, they demonstrate our familiarity with local court procedures and personnel. For family law, our collaborative approach often involves working with Mr. Sris, whose background in accounting and systems provides an advantage in untangling financial aspects that may arise even in annulment proceedings.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Henrico County Annulment Lawyers
Our Richmond location serves clients throughout Henrico County, including Glen Allen, Short Pump, Innsbrook, Tuckahoe, and Highland Springs. We are accessible via I-64, I-95, and I-295.
Law Offices Of SRIS, P.C. — Richmond
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. 24/7 phone consultations.
Annulment in Henrico County: Frequently Asked Questions
What is the difference between an annulment and a divorce in Virginia?
An annulment declares the marriage legally invalid from the start, while a divorce ends a valid marriage. Annulment has specific, fault-based grounds like fraud or incapacity and can affect property and support rights differently.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For fraud, you generally must file within two years of discovering the fraud. For underage marriage, you must file before the minor turns 18. An annulment lawyer in Henrico County can advise on the specific statute of limitations for your situation.
Can I get an annulment if my spouse lied about wanting children?
Possibly, if the lie constitutes fraud. Virginia courts may grant an annulment for fraud if the misrepresentation was about a fact essential to the marriage contract (like wanting children) and you relied on it. This requires strong evidence.
What happens to property and debt after an annulment?
Since an annulment voids the marriage, there is no “marital property” to divide under equitable distribution laws. Generally, each party keeps their separate property and is responsible for their separate debts. The court may issue orders to return gifts or divide jointly held assets based on contribution.
Where do I file an annulment case in Henrico County?
Annulment petitions are filed in the Henrico County Circuit Court, located at 4301 East Parham Road, Henrico, VA 23228. You can find more information on the court’s official website.
Internal Resources: For related legal help, see our pages on Divorce in Henrico County and Criminal Defense in Henrico County. Learn more about our firm on our Virginia Family Law hub page.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current legal guidance regarding your marriage annulment petition in Henrico County.