Virginia Beach Annulment Lawyer — Is Your Marriage Eligible for Annulment?
An annulment in Virginia Beach legally declares a marriage void from its start, unlike a divorce which ends a valid marriage. Grounds include bigamy, incest, underage marriage without consent, or mental incapacity under Va. Code § 20-45.1. As an experienced Annulment Lawyer Virginia Beach, Law Offices Of SRIS, P.C.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
An annulment is a legal decree that a marriage was never legally valid. Virginia law distinguishes between “void” marriages (illegal from the outset, like bigamy) and “voidable” marriages (can be annulled by a court order due to specific defects like fraud or impotence). The process requires filing a formal complaint in circuit court and proving one of the statutory grounds. Successfully handling this requires precise legal argumentation and thorough evidence gathering.
Virginia Annulment Law and Grounds
The authority for annulments in Virginia is found in Title 20 of the Code of Virginia. A void marriage lawyer Virginia Beach can clarify that some marriages are automatically void (“void ab initio”), meaning no legal marriage ever existed. Others are voidable, requiring a court order to annul. Key grounds include:
- Void Marriages: Bigamy (one party was already legally married), incest (parties are too closely related), or underage marriage without necessary court consent.
- Voidable Marriages: One party lacked mental capacity at the time of marriage, consent was obtained by fraud or force, or a party was physically incapable of consummating the marriage (impotence) and the other party was unaware.
It is critical to act promptly, especially for voidable grounds, as delays can be construed as ratifying the marriage.
- Consult an Attorney: Determine if your case meets Virginia’s strict annulment grounds.
- Gather Evidence: Collect all relevant documents (prior marriage certificates, medical records, proof of fraud).
- File a Complaint: Your attorney files a complaint for annulment with the Virginia Beach Circuit Court clerk.
- Serve the Other Party: Ensure proper legal service of the complaint.
- Court Hearing: Present evidence and arguments at a hearing before a judge.
- Obtain Decree: If successful, the court issues a decree of annulment.
Why Choose Our Virginia Beach Annulment Attorneys
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to family law matters. Our firm-wide track record includes 4,739+ documented case results with a 93%+ favorable outcome rate. Mr. Sris, our managing attorney and a former prosecutor, personally played a key role in amending Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep involvement in Virginia family law. We apply this rigorous, detail-oriented approach to annulment cases, ensuring every petition is meticulously prepared.
Results may vary. Prior results do not guarantee a similar outcome.
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 Mr. Sris, has extensive experience with the procedural nuances of the Virginia Beach courts. We understand the specific evidence standards required to prove grounds like fraud or incapacity and work to build the strongest possible case for our clients.
Local Legal Support for Virginia Beach Residents
Law Offices Of SRIS, P.C.
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 serves clients with matters at the Virginia Beach Circuit Court. We represent individuals throughout Virginia Beach, Sandbridge, and Oceana. For a void marriage lawyer Virginia Beach residents can rely on, contact us to discuss your annulment petition.
Annulment Lawyer Virginia Beach FAQ
What is the difference between an annulment and a divorce in Virginia?
An annulment declares the marriage legally invalid from the beginning, as if it never happened. A divorce dissolves a legally valid marriage. Annulments have specific, narrow grounds under Virginia law.
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. Other grounds have different timelines.
Can I get an annulment if my marriage was never consummated?
Yes, impotence that is incurable and existed at the time of marriage, provided the other party was unaware, is a ground for annulment in Virginia. You must file within one year of marriage.
What happens to property and children after an annulment?
Virginia courts can issue orders for child custody, support, and visitation following an annulment as they are based on parenthood, not marriage. Property division is treated as if the parties were never married, which can be complex.
Where do I file an annulment petition in Virginia Beach?
Annulment complaints are filed in the Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, Bldg 10B, Virginia Beach, VA 23456. The filing fee is approximately $86.
For more information on Virginia family law, review the official Virginia Code § 20-45.1 or visit the Virginia Beach Circuit Court website.
Need related legal help? Explore our Virginia Beach criminal defense or DUI defense services. For other family law matters in the region, see our Henrico County family lawyer page.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.