Arlington 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 union. In Arlington County, grounds for annulment are strict and defined by Virginia statute. An experienced annulment lawyer Arlington County from Law Offices Of SRIS, P.C.
Last verified: April 2026 | Arlington County Circuit Court | Virginia General Assembly
In Virginia, an annulment is a legal decree that a marriage was never legally valid. The grounds are specific and narrow, primarily focusing on circumstances that existed at the time of the marriage ceremony. Virginia law distinguishes between “void” marriages, which are invalid from the outset (like bigamy), and “voidable” marriages, which can be annulled by a court order based on certain defects (like fraud or impotence). The process is handled in the Arlington County Circuit Court, located at 1425 N. Courthouse Rd.
Successfully obtaining an annulment requires precise legal arguments and adherence to strict procedural rules. An attorney experienced in these matters is essential to handle the petition, evidence presentation, and potential hearings.
Virginia Annulment Law and Grounds
Annulments in Virginia are governed by specific statutes. A void marriage lawyer Arlington County relies on Va. Code § 20-45.1, which lists the grounds for annulment. A marriage is void *ab initio* (from the beginning) if it involves: parties who are too closely related, a party who was already legally married to someone else (bigamy), or a party who lacks the mental capacity to consent. These marriages are treated as if they never existed.
Other marriages are voidable and may be annulled by a court decree. Grounds include: fraud or duress used to induce the marriage, a party being under the age of 18 without necessary consent, or physical incapacity (impotence) that existed at the time of marriage and is incurable. It is crucial to act promptly, especially in fraud cases, as delay can be seen as ratifying the marriage.
For official reference, review the Virginia Code § 20-45.1 (official Virginia General Assembly). Court procedures are managed by the Arlington County Circuit Court.
- Consult with an Arlington County annulment attorney to review your facts against the legal grounds.
- Your attorney will gather necessary evidence, such as marriage certificates, proof of bigamy, or documentation of fraud.
- File a formal Bill of Complaint for Annulment with the Arlington County Circuit Court clerk and pay the filing fee.
- Ensure the other spouse is properly served with the legal papers.
- Attend any required court hearings to present evidence and testimony.
- Obtain the court’s final decree of annulment, which legally dissolves the marriage as if it never existed.
Annulment vs. Divorce in Arlington County
In Arlington County, an annulment legally erases a marriage, while a divorce terminates a valid one. The choice has significant implications for property, support, and legal status.
| Factor | Annulment | Divorce |
|---|---|---|
| Legal Effect | Marriage is declared void/voidable from the start. | Marriage is legally dissolved from the date of the decree. |
| Grounds | Specific, limited statutory grounds (bigamy, fraud, etc.). | No-fault (separation) or fault-based grounds (adultery, cruelty). |
| Property Division | Typically, no “marital property” as marriage was invalid. Property reverts to original owner. | Equitable distribution of marital property under Va. Code § 20-107.3. |
| Spousal Support | Generally not awarded, as no valid marriage existed. | May be awarded based on need and ability to pay. |
| Timeframe | Can be faster if grounds are clear and uncontested. | Governed by separation periods (6 months to 1 year). |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Arlington County Annulment Attorneys
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. In Arlington County, we have a documented history of handling sensitive family cases. Mr. Sris’s unique background includes personally amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating a deep commitment to shaping family law.
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 Arlington County Courts
Our attorneys are familiar with the procedures and personnel at the Arlington County Circuit Court. We have represented clients in various family law matters, building knowledge of local practices. For instance, our team has successfully handled cases resulting in dismissals and favorable resolutions in Arlington courts. Mr. Sris, the firm’s founder and a former prosecutor with multi-state bar admissions, provides strategic oversight on complex matters, ensuring every marriage annulment petition lawyer Arlington County client receives experienced counsel.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr Suite 700, Arlington, VA 22209, United States
Toll-Free: (888) 437-7747 | Local: 703-589-9250
Phones 24/7/365. Meetings by appointment only.
Our Arlington location serves clients at the Arlington County courts (1425 N. Courthouse Rd). We are an annulment lawyer near Arlington County serving Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington.
Annulment Lawyer Arlington County FAQ
What is the difference between an annulment and a divorce in Virginia?
An annulment declares the marriage legally invalid from the start, as if it never happened. A divorce ends a legally valid marriage. Annulment has specific grounds like bigamy or fraud.
What are the grounds for an annulment in Virginia?
Grounds include: a prior existing marriage (bigamy), incestuous relationships, underage marriage without consent, lack of mental capacity, fraud or duress, and incurable impotence existing at the time of marriage.
How long do I have to file for an annulment based on fraud?
You should file promptly after discovering the fraud. Virginia courts may deny an annulment if you continue cohabitation after learning the truth, as this can be seen as ratifying the marriage.
Can I get spousal support after an annulment?
No. Spousal support is generally not available after an annulment because the law treats the marriage as never having existed. Financial claims are typically resolved based on property ownership, not marital rights.
Do I need a lawyer to file for an annulment in Arlington County?
While not legally required, it is highly advisable. The grounds are narrow, the evidence must be clear and convincing, and the procedural rules in Arlington County Circuit Court are strict. An annulment lawyer Arlington County can properly frame your case.
For more information, see our Virginia Family Law hub page. We also assist with family law in Alexandria and criminal defense in Arlington County.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.