Fauquier County Annulment Lawyer — Is Your Marriage Void or Voidable?
An annulment legally declares a marriage void from its start, unlike a divorce which ends a valid marriage. In Fauquier County, Virginia, specific grounds like bigamy, incest, or underage marriage can make a marriage void, while fraud or impotence may make it voidable.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Virginia Annulment Law and Grounds
Virginia law provides two paths for annulment: void marriages and voidable marriages. A void marriage is considered never to have legally existed. Grounds for a void marriage in Virginia include bigamy (one party was already married), incest, or a party being under the age of 16 (or under 18 without required consent). These cases can be brought at any time.
A voidable marriage is treated as valid until a court annuls it. Grounds include fraud, duress, impotence, or mental incapacity at the time of marriage. Petitions for a voidable marriage must be filed within specific time limits, such as two years from discovering the fraud. The process requires filing a formal marriage annulment petition in the Circuit Court where either party resides.
- Consult with an attorney to review your situation and determine if you have valid grounds for an annulment under Virginia law.
- Gather all necessary documentation, including your marriage certificate, evidence supporting your grounds (e.g., proof of prior marriage for bigamy), and identification.
- Your attorney will prepare and file a Bill of Complaint for Annulment with the Fauquier County Circuit Court clerk and ensure proper service to your spouse.
- Attend any required court hearings to present evidence. If the judge grants the annulment, a Final Decree of Annulment will be entered, legally dissolving the marriage.
Key Differences: Annulment vs. Divorce in Fauquier County
Understanding whether to seek an annulment or a divorce is a critical first step. A divorce dissolves a legally valid marriage, while an annulment declares the marriage invalid from the beginning. This distinction has significant implications for property division, spousal support, and even the legal status of children from the marriage. In Virginia, children born from an annulled marriage are still considered legitimate. An experienced void marriage lawyer in Fauquier County can advise on which path is legally appropriate and strategically advantageous for your circumstances.
In Fauquier County, an annulment requires proving specific statutory grounds like fraud or bigamy, whereas a divorce can be based on separation or fault grounds like adultery.
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
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate. In Fauquier County, we have 73 total documented case results across all practice areas.
Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, the firm’s founder, personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating a deep commitment to shaping family law in the state.
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Our Fairfax location serves clients at the Fauquier County courts in Warrenton. We provide representation for individuals in Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Annulment Lawyer Fauquier County FAQ
What is the difference between a void and a voidable marriage in Virginia?
Yes, there is a key legal difference. A void marriage (e.g., due to bigamy or incest) is invalid from the start and can be challenged by anyone at any time. A voidable marriage (e.g., due to fraud or impotence) is considered valid until annulled by a court, and the petition must be filed within statutory time limits.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For void marriages like bigamy, there is no time limit. For voidable marriages, strict deadlines apply. For example, an annulment based on fraud must typically be filed within two years of discovering the fraud. An annulment lawyer in Fauquier County can determine the specific deadline for your case.
Can I get an annulment if my spouse lied to me?
It depends. Virginia law allows annulment for fraud, but the lie must be about something material that goes to the essence of the marriage contract—such as the intent to have children, religious beliefs, or the ability to consummate the marriage—not a minor misrepresentation.
What happens to property and debts after an annulment?
Since an annulment declares the marriage never legally existed, Virginia’s equitable distribution laws for dividing marital property do not automatically apply. Instead, the court may use principles of constructive trust or resulting trust to determine ownership, making the guidance of a skilled marriage annulment petition lawyer in Fauquier County crucial for asset protection.
Are children from an annulled marriage considered legitimate?
Yes. Under Virginia law (§ 20-31.1), children born of a marriage that is later annulled are considered legitimate. The court will still establish orders for child custody and support as part of the annulment proceedings, just as in a divorce.
For more information on Virginia statutes, visit the Virginia Code. For Fauquier County court details, see the Fauquier County General District Court website.
See our Virginia Family Law hub page for more resources. We also assist with criminal defense and DUI cases in Fauquier County.
Last verified: April 2026. Information current as of verification date. Laws change—contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.