
A marriage annulment lawyer Virginia Beach can help you void a marriage under Va. Code § 20-89.1 for grounds like fraud, bigamy, or incest. Law Offices Of SRIS, P.C. has 8 documented case results in Virginia Beach. Virginia Beach Circuit Court handles all annulment petitions. Consultation by appointment.
Last verified: April 2026 | Virginia Beach General District Court | Va. Code § 20-89.1 (official Virginia General Assembly)
Under Virginia law, a marriage annulment is a legal proceeding that declares a marriage void or voidable, as opposed to a divorce which ends a valid marriage. Va. Code § 20-89.1 provides the statutory framework for annulments in Virginia. A void marriage is one that was invalid from the start, such as a bigamous marriage or an incestuous marriage. A voidable marriage is one that can be annulled due to specific defects like fraud, duress, or mental incapacity at the time of the marriage. The Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, Bldg 10B, Virginia Beach, VA 23456, has jurisdiction over all annulment petitions filed in Virginia Beach. Unlike divorce, an annulment treats the marriage as if it never legally existed, which can have significant implications for property division, spousal support, and other legal rights.
Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3 (the equitable distribution statute), demonstrating deep familiarity with Virginia family law. The firm has been serving Virginia families since 1997, with combined attorney experience of over 120 years.
For the official Virginia statute governing marriage annulments, see Va. Code § 20-89.1 (official Virginia General Assembly). For Virginia Beach Circuit Court procedures and forms, visit the Virginia Beach General District Court website.
In Virginia Beach Circuit Court, annulment petitions require specific evidence depending on the grounds alleged. For fraud-based annulments, you must prove the fraud went to the essence of the marriage, not just a minor deception. The court typically schedules an evidentiary hearing within 60-90 days of filing.
- File a complaint for annulment at Virginia Beach Circuit Court with the required filing fee of approximately $86.
- Serve the other party with the summons and complaint through the sheriff’s department or a private process server.
- Attend the initial hearing where the court will set a schedule for discovery and a final hearing date.
- Present evidence at the final hearing, including witness testimony and documentary proof of the grounds for annulment.
- Obtain the final decree of annulment from the court, which legally declares the marriage void.
In Virginia Beach, a marriage annulment does not carry criminal penalties but affects property rights, support obligations, and legal status of the marriage.
| Ground | Classification | Legal Effect | Time Limit to File | Impact on Property | Additional Consequences |
|---|---|---|---|---|---|
| Fraud | Voidable | Marriage declared invalid from start | Reasonable time after discovery | Equitable distribution may not apply | No spousal support typically awarded |
| Bigamy | Void | Marriage never legally existed | No time limit | No property rights transfer | Criminal bigamy charges possible |
| Incest | Void | Marriage never legally existed | No time limit | No property rights transfer | Criminal incest charges possible |
| Mental Incapacity | Voidable | Marriage declared invalid from start | Reasonable time after capacity restored | Equitable distribution may not apply | Guardian may need to file petition |
| Duress | Voidable | Marriage declared invalid from start | Reasonable time after duress ends | Equitable distribution may not apply | No spousal support typically awarded |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor with a background in accounting and information systems. The firm has over 120 years of combined legal experience and has documented 4,739+ case results across all practice areas with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, demonstrating deep experience in Virginia family law. The firm’s tagline is “Advocacy Without Borders.”
Firm-wide across VA, MD, NJ, NY, and DC, Law Offices Of SRIS, P.C. has achieved 4,739+ documented case results with a 93%+ favorable outcome rate. In Virginia Beach specifically, the firm has 8 total documented case results across all practice areas with a 100% favorable outcome rate.
Samantha Rae Powers — Of Counsel, Family Law
VA Bar 2023 | FL Bar 2005 | J.D./M.A. University of Florida 2005 | Ph.D. Communication UCSB 2017 | 18+ years experience. Samantha Powers handles family law matters including marriage annulment, divorce, custody, and equitable distribution for Law Offices Of SRIS, P.C. in Virginia.
Mr. Sris, founder and managing attorney, also oversees all family law matters at the firm. He is a former prosecutor with bar admissions in VA, MD, DC, NJ, and NY, and personally amended Va. Code § 20-107.3.
In Virginia Beach, Law Offices Of SRIS, P.C. has 8 total documented case results across all practice areas with a 100% favorable outcome rate. Firm-wide, the firm has achieved 4,739+ documented case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location serves clients at Virginia Beach courts (2425 Nimmo Parkway), accessible via I-264, I-64, and Route 44 (VA Beach Expressway).
Looking for a marriage annulment lawyer near Virginia Beach? We serve Virginia Beach, Sandbridge, and Oceana.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
By appointment only.
How long does a marriage annulment take in Virginia Beach, Virginia?
Yes. An uncontested annulment with agreed grounds typically takes 2-4 months from filing to final decree. Contested annulments requiring evidentiary hearings can take 6-12 months. Virginia Beach Circuit Court schedules initial hearings within 21-60 days of filing.
What are the grounds for annulment in Virginia?
Yes. Virginia law recognizes both void marriages (bigamy, incest, underage without parental consent) and voidable marriages (fraud, duress, mental incapacity, impotence). Va. Code § 20-89.1 lists the specific grounds. A void marriage lawyer Virginia Beach can explain which grounds apply to your situation.
Can I get an annulment instead of a divorce in Virginia?
It depends. An annulment is only available if specific grounds under Va. Code § 20-89.1 exist. If no grounds for annulment exist, you must file for divorce. A marriage annulment petition lawyer Virginia Beach can evaluate your case and advise which option is available.
How much does an annulment cost in Virginia Beach?
The Circuit Court filing fee for an annulment complaint is approximately $86. Sheriff service of process costs about $12, or $50-$100 for a private process server. Attorney fees vary based on complexity. Contested annulments with evidentiary hearings cost more than uncontested ones.
Does an annulment affect child custody or support?
No. An annulment does not affect the legal status of children born during the marriage. Virginia courts still determine custody, visitation, and child support based on the best interests of the child under Va. Code § 20-124.3, regardless of whether the marriage is annulled.
Can I get an annulment if my spouse committed fraud?
Yes. Fraud is a valid ground for annulment under Va. Code § 20-89.1 if the fraud went to the essence of the marriage. Examples include hiding a prior marriage, lying about fertility, or concealing a criminal record. You must file within a reasonable time after discovering the fraud.
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See also our Henrico County family law lawyer and Chesterfield County family law lawyer pages.
Related practice areas in Virginia Beach: criminal defense lawyer and DUI lawyer.
Learn more about our team: Samantha Powers, family law attorney.
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Last verified: April 2026. Information current as of February 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.