Marriage Annulment Lawyer Chesapeake — How to Petition for Annulment in Virginia
An annulment legally declares a marriage void from its start under Virginia law. If you need a marriage annulment lawyer in Chesapeake, Law Offices Of SRIS, P.C. can help. Our firm has handled annulment petitions in Chesapeake Circuit Court. A marriage annulment lawyer Chesapeake understands the specific grounds required, such as bigamy, incest, or underage marriage without consent.
Last verified: April 2026 | Chesapeake Circuit Court | Virginia General Assembly
Virginia Annulment Law and Grounds
In Virginia, an annulment is distinct from a divorce. A divorce ends a valid marriage, while an annulment treats the marriage as if it never legally existed. The grounds for annulment are specific and limited, as defined by statute. You need a marriage annulment petition lawyer Chesapeake to handle these strict requirements and file the correct pleadings with the court.
The primary legal authority is Va. Code § 20-43.1, which outlines void marriages. These include marriages where one party was already legally married (bigamy), marriages between close blood relatives (incest), or marriages where a party was under 18 and did not have required parental or judicial consent. Other grounds, found in Va. Code § 20-89.1, make a marriage voidable, such as impotence, fraud, duress, or mental incapacity at the time of the marriage. A void marriage lawyer Chesapeake can assess if your circumstances meet these legal tests.
Founded in 1997, our firm leverages deep knowledge of Virginia family statutes. Mr. Sris, our managing attorney, brings a background as a former prosecutor and a unique understanding of legal procedure, having personally contributed to amendments in Virginia family law.
Court Process for Annulment in Chesapeake
The annulment process begins in the Chesapeake Circuit Court. It requires filing a formal complaint that states the specific statutory ground for annulment. Unlike a no-fault divorce, you must prove the existence of a qualifying ground. Evidence such as prior marriage certificates, birth certificates proving underage status, or experienced testimony regarding mental capacity may be necessary.
- Consultation: Meet with a marriage annulment lawyer Chesapeake to review your facts against Virginia’s legal grounds.
- Filing: Your attorney drafts and files a Complaint for Annulment with the Chesapeake Circuit Court clerk and pays the filing fee.
- Service: The other spouse must be formally served with the complaint and a summons.
- Response & Discovery: The spouse can respond. Your lawyer may engage in discovery to gather evidence supporting the annulment ground.
- Hearing or Trial: If the case is contested, a hearing or trial will be held where you must prove the ground for annulment.
- Final Order: If successful, the court enters a Decree of Annulment, declaring the marriage null and void.
For official forms and local rules, visit the Virginia Courts website.
Annulment vs. Divorce in Virginia
In Chesapeake, an annulment legally erases a marriage, while a divorce terminates it. The choice has significant implications for property, support, and legitimacy of children.
| Aspect | Annulment | Divorce |
|---|---|---|
| Legal Effect | Marriage is void *ab initio* (from the beginning). | Marriage is valid but legally ended. |
| Grounds | Specific statutory voids (bigamy, incest) or voidables (fraud, incapacity). | No-fault separation or fault grounds (adultery, cruelty). |
| Property Division | No “marital” property; assets divided as if never married (equitable may apply). | Equitable distribution of marital property under Va. Code § 20-107.3. |
| Spousal Support | Generally not awarded, but exceptions exist for support during the case. | Can be awarded based on need, ability to pay, and statutory factors. |
| Children | Children born of an annulled marriage are still considered legitimate. | Custody and support are determined under the same best-interest standards. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Annulment Cases
Law Offices Of SRIS, P.C. brings a focused approach to family law matters in Chesapeake. Our team, led by attorneys with decades of combined experience, understands the nuanced differences between annulment and divorce actions. We carefully investigate the facts of your case to determine the most appropriate legal path. For instance, a void marriage lawyer Chesapeake from our firm can identify if a prior undissolved marriage makes your current union void, requiring an annulment petition rather than a divorce.
Mr. Sris, the firm’s founder, has a unique background that includes amending Virginia’s equitable distribution statute, demonstrating a deep engagement with the evolution of state family law. This experience informs our strategic approach to all family law cases, including annulments.
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
In complex cases, Samantha Powers works alongside Mr. Sris, whose multi-state practice and former prosecutor experience provide additional layers of strategic insight, particularly for cases involving fraud or questions of legal capacity.
Contact a Chesapeake Annulment Attorney
Law Offices Of SRIS, P.C.
Richmond Location — Serving Chesapeake
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location represents clients in Chesapeake courts. We serve Chesapeake, Deep Creek, Great Bridge, and Greenbrier. If you are seeking a marriage annulment lawyer Chesapeake or need advice on a void marriage, contact us for a confidential consultation.
Annulment Lawyer Chesapeake FAQs
What is the difference between a void and voidable marriage in Virginia?
A void marriage is invalid from the start (e.g., bigamy, incest). A voidable marriage is valid until annulled by a court for grounds like fraud or incapacity. A void marriage lawyer Chesapeake can clarify which applies to you.
How long does an annulment take in Chesapeake Circuit Court?
It depends. An uncontested annulment with clear evidence may resolve in a few months. A contested case requiring a trial can take significantly longer, similar to a complex divorce timeline.
Can I get spousal support after an annulment?
Generally, no. Annulment treats the marriage as nonexistent, so ongoing spousal support is rare. However, a court may order temporary support during the pendency of the case under certain circumstances.
What happens to property we acquired during an annulled marriage?
Property is not divided as “marital property.” Instead, the court may use equitable principles to determine ownership based on title, contribution, and other factors, which can be complex.
Do I need a lawyer to file for an annulment in Chesapeake?
Yes. The legal standards are strict and the process is formal. A marriage annulment petition lawyer Chesapeake ensures your complaint correctly states a legal ground and that proper evidence is presented to the court.
Related Pages: For other legal needs, see our Chesapeake criminal defense lawyer or Virginia family law hub. We also assist clients in Henrico County.