Roanoke County Annulment Lawyer — Is Your Marriage Void or Voidable?
An annulment legally declares a marriage void from its start under Virginia law. In Roanoke County, grounds for annulment include bigamy, incest, or one party being underage. Law Offices Of SRIS, P.C. has 34 documented case results in Roanoke County. Our experienced annulment lawyer Roanoke County can help you file a marriage annulment petition in Roanoke County Circuit Court. Contact us for a 24/7 consultation.
Virginia Annulment Law and Grounds
Virginia law provides two paths to end a marriage: divorce and annulment. An annulment is a legal decree that a marriage was never valid. The grounds are strict and defined by statute. A void marriage lawyer Roanoke County can assess if your situation meets the legal criteria.
Last verified: April 2026 | Roanoke County Circuit Court | Virginia General Assembly
The primary statute governing annulments in Virginia is Va. Code § 20-89.1. This law outlines specific circumstances where a marriage is considered void (invalid from the beginning) or voidable (can be canceled by a court). The Roanoke County Circuit Court, located at 305 East Main Street in Salem, handles all annulment petitions. You can find more information on the Virginia court system website.
- Consult an Attorney: Discuss your specific facts with an annulment lawyer Roanoke County to determine if you have valid grounds under Va. Code § 20-89.1.
- Gather Evidence: Collect all necessary documentation, such as marriage certificates, proof of bigamy, birth certificates for underage claims, or evidence of fraud or duress.
- File the Petition: Your attorney will prepare and file a formal annulment petition with the Roanoke County Circuit Court clerk’s office, paying the required filing fee.
- Serve the Other Party: The petition must be legally served on your spouse, who then has time to file a response.
- Court Hearing: Attend a hearing where a judge will review the evidence and arguments before granting or denying the annulment decree.
Grounds for Annulment in Virginia
In Roanoke County, an annulment is granted only for specific legal grounds that render a marriage either void or voidable, as defined by Virginia statute.
| Grounds | Type | Key Requirement / Evidence | Time Limit to File |
|---|---|---|---|
| Bigamy (One spouse already married) | Void | Proof of prior, undissolved marriage | None |
| Incest (Prohibited degree of kinship) | Void | Proof of blood relationship | None |
| Underage (Under 18 without consent/16 without court order) | Voidable | Birth certificate; proof no consent was obtained | Before underage party turns 18 |
| Mental Incapacity | Voidable | Medical evidence; proof party couldn’t understand marriage contract | Upon restoration of capacity |
| Fraud | Voidable | Proof of material fraud going to the essence of the marriage | Upon discovery of fraud |
| Duress or Force | Voidable | Evidence of threats or coercion | Upon removal of the duress |
| Physical Incapacity (and unknown to other party) | Voidable | Medical evidence | Within one year of marriage |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Roanoke 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 track record includes 4,739+ case results with a 93%+ favorable outcome rate. In Roanoke County, we have 34 documented case results across practice areas. Mr. Sris personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in Virginia 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
Our team, including firm founder Mr. Sris, understands the sensitive and urgent nature of annulment cases. We work efficiently to gather necessary evidence and build a compelling petition for the court.
Local Presence for Roanoke County Residents
Law Offices Of SRIS, P.C.
Shenandoah/Woodstock Location — 505 N Main St, Suite 103, Woodstock, VA 22664
Toll-Free: (888) 437-7747 | Local: (888) 437-7747
By appointment only. 24/7 phone consultations.
Our Shenandoah/Woodstock location serves clients in Roanoke County, including Salem, Vinton, Cave Spring, Hollins, and Catawba. We are accessible via I-81 and other major routes. As your local annulment lawyer Roanoke County, we offer convenient access for meetings and are familiar with the local court personnel and procedures at the Roanoke County Circuit Court in Salem.
Annulment in Roanoke County: Frequently Asked Questions
What is the difference between an annulment and a divorce in Virginia?
An annulment declares the marriage never legally existed, while a divorce ends a valid marriage. Annulments are based on specific void or voidable grounds like bigamy or fraud, not on separation periods.
How long does an annulment take in Roanoke County?
It depends. An uncontested annulment where both parties agree on the grounds can take 2-4 months. A contested annulment requiring a trial can take 9 months or longer, depending on the court’s docket and complexity of evidence.
Can I get an annulment if my spouse lied to me?
Yes, but only if the fraud was material to the essence of the marriage contract (e.g., lying about wanting children, hiding a severe addiction). Minor deceptions typically do not qualify as grounds for annulment under Virginia law.
What happens to property and children after an annulment?
Virginia courts can still decide issues of property division, child custody, and support under the same principles as divorce, as provided by Va. Code § 20-107.3, even when a marriage is annulled. The annulment does not erase these responsibilities.
How much does it cost to file an annulment petition in Roanoke County?
The filing fee for an annulment petition in Roanoke County Circuit Court is approximately $86. Additional costs include fees for serving the petition, possible Guardian ad Litem appointments for children, and attorney fees, which vary based on case complexity.
For more information on related legal matters, see our pages on Virginia Family Law, Shenandoah County Family Lawyer, and Roanoke County Criminal Defense Lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.