Marriage Annulment Lawyer Arlington County — 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 Arlington County, grounds for annulment are strict under Va. Code § 20-89.1, including bigamy, incest, or underage marriage without consent. A skilled marriage annulment lawyer Arlington County can assess if your situation meets these legal standards.
Last verified: April 2026 | Arlington County Circuit 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 invalid from the outset and can be challenged by either party or a third party at any time. Grounds include bigamy (one party was already legally married), incest (parties are too closely related), or a marriage where one party lacked the mental capacity to consent. A voidable marriage is considered valid until a court annuls it, and only one of the spouses can file the petition. Common grounds include fraud, force, underage marriage without proper consent, or physical incapacity at the time of the marriage that prevents sexual intercourse and is incurable. The specific statute governing annulments in Virginia is Va. Code § 20-89.1. All petitions are filed in the Circuit Court where either party resides; in Arlington County, this is the Arlington County Circuit Court.
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
The Annulment Process in Arlington County Circuit Court
Filing for an annulment in Arlington requires precise steps and convincing evidence. The court scrutinizes annulment petitions closely, as they seek to erase a marital status entirely. A successful petition hinges on proving one of the statutory grounds existed at the very moment of the marriage ceremony.
- Consultation with an Attorney: Determine if your circumstances meet Virginia’s strict legal grounds for annulment (void or voidable).
- Gather Evidence: Collect all documentation, such as prior marriage certificates (for bigamy), birth certificates (for underage claims), medical records, or proof of fraud.
- File the Petition: Your attorney will prepare and file a “Bill of Complaint for Annulment” with the Arlington County Circuit Court clerk’s office, paying the required filing fee.
- Serve the Other Party: The respondent must be formally served with the complaint and a summons, giving them an opportunity to respond.
- Court Proceedings: If the case is contested, the court will hold hearings. You must present your evidence to prove the grounds for annulment.
- Final Decree: If the judge is convinced, they will enter a “Decree of Annulment,” declaring the marriage null and void ab initio (from the beginning).
Why Choose Our Firm for Your Annulment Case
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to family law matters. Our firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate. In Arlington County alone, we have 115 total documented case results across all practice areas. Mr. Sris personally amended Virginia’s key equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in shaping state family law. This foundational experience directly informs our strategic approach to all marital dissolution cases, including annulments.
Results may vary. Prior results do not guarantee a similar outcome.
Local Presence for Arlington County Residents
Our Arlington location is minutes from the Arlington County Courthouse, accessible via major routes. We serve as your local marriage annulment petition lawyer Arlington County for neighborhoods including Crystal City, Rosslyn, Clarendon, Ballston, and Pentagon City.
Law Offices Of SRIS, P.C.
1655 Fort Myer Dr, Suite 700, Room No. 719
Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
Frequently Asked Questions: Annulment in Virginia
What is the difference between an annulment and a divorce in Virginia?
An annulment legally declares that a valid marriage never existed. A divorce dissolves a legally valid marriage. The grounds, procedures, and legal effects are completely different.
How long do I have to file for an annulment in Virginia?
It depends on the ground. For fraud or force, you must file within two years of discovering the fraud or being free from force. For underage marriage, you must file before the underage party turns 18. For void marriages like bigamy, there is no time limit.
Can I get an annulment if my marriage was never consummated?
Yes, but only under specific conditions. Virginia law allows annulment for physical incapacity (inability to have sexual intercourse) that existed at the time of marriage and is incurable. This is a voidable ground.
What happens to property and children after an annulment?
Since an annulment voids the marriage, there is no “marital property” to divide under equitable distribution laws. However, a court can issue orders for child custody, support, and the division of jointly owned assets based on principles of contract or equity, not divorce statutes.
Do I need a void marriage lawyer Arlington County if my spouse agrees to the annulment?
Yes. Even an uncontested annulment requires filing a proper legal petition with the court and presenting sufficient evidence to meet the statutory ground. An attorney ensures the decree is legally sound and addresses issues like property or children.
Related Legal Services in Arlington County: If your marriage does not qualify for annulment, our firm also provides strong representation for divorce and separation, criminal defense, and DUI defense. For all Virginia family law matters, visit our state family law hub.
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.