Fairfax County Marriage Annulment Lawyer — Is Your Marriage Void?
A marriage annulment in Fairfax County legally declares a marriage void from its start under Virginia law, distinct from divorce. Grounds include bigamy, incest, or one party being underage. The Law Offices Of SRIS, P.C. provides experienced legal guidance for filing a marriage annulment petition in Fairfax County.
Last verified: April 2026 | Fairfax County Circuit Court | Virginia General Assembly
Virginia Annulment Law and Grounds
In Virginia, an annulment is a legal decree that a marriage was never valid. This differs from a divorce, which ends a valid marriage. The grounds for annulment are specific and defined by statute, primarily under Va. Code § 20-45.1 and related sections. A void marriage is one that is invalid from the outset, such as a bigamous marriage or one between close relatives. A voidable marriage is one that can be annulled due to a defect existing at the time of the marriage, like fraud, duress, or incapacity.
- Consult with a family law attorney to review your situation against Virginia’s annulment grounds.
- Gather all necessary documentation, including marriage certificates, evidence supporting the annulment ground (e.g., proof of prior existing marriage), and identification.
- Your attorney will draft and file a formal Bill of Complaint for Annulment with the Fairfax County Circuit Court clerk’s office.
- Ensure proper service of the legal papers on your spouse according to Virginia court rules.
- Prepare for any required court hearings, where a judge will review the petition and evidence before issuing a decree.
Potential Outcomes and Considerations
In Fairfax County, a successful annulment results in the marriage being declared null, which can affect property division, spousal support, and the legitimacy of children differently than a divorce.
If an annulment is granted, the court treats the marriage as if it never legally existed. This can simplify certain financial disentanglements but may also lead to complex issues regarding property acquired during the “marriage.” Child custody and support are still determined based on the best interests of the child, regardless of the marriage’s validity. It is crucial to work with a void marriage lawyer in Fairfax County who understands these nuanced outcomes.
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience in Family Law
Founded in 1997, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our founding attorney, Mr. Sris, personally amended Virginia’s key equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in the development of state family law. We have a documented record of handling sensitive family cases, including those involving annulment petitions.
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 Results and Client Advocacy
Our firm has a documented history of achieving favorable outcomes for clients across Northern Virginia. In Fairfax County, we have secured dismissals, reductions, and favorable settlements in a wide range of family and civil matters. For instance, our team has successfully resolved complex cases involving asset division and marital agreements. Mr. Sris, our managing attorney with decades of litigation experience, provides strategic oversight on all major cases.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Fairfax County Annulment Attorneys
Our Fairfax location is centrally positioned to serve clients at the Fairfax County Circuit Court. We represent individuals in Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Marriage Annulment Lawyer Fairfax County FAQ
What is the difference between an annulment and a divorce in Virginia?
Yes. A divorce ends a legally valid marriage. An annulment declares the marriage was never legally valid from the beginning due to specific grounds like bigamy, fraud, or incapacity at the time of the ceremony.
How long do I have to file for an annulment in Virginia?
It depends on the ground. For fraud or duress, you must file within two years of discovering the fraud or being free from duress. For underage marriage without parental consent, a petition can be filed before the minor turns 18. Other grounds, like bigamy, may not have a specific time limit.
Can I get an annulment if my spouse lied about wanting children?
Potentially, yes. Virginia law allows annulment for fraud if the fraud goes to the essence of the marriage. A fundamental misrepresentation about intent to have children may qualify as such fraud, but you must prove it existed at the time of the marriage.
Where do I file an annulment petition in Fairfax County?
Annulment petitions are filed in the Fairfax County Circuit Court, located at 4110 Chain Bridge Road, Fairfax, VA. The court’s website, vacourts.gov, provides forms and procedural information.
What happens to property if an annulment is granted?
Since an annulment voids the marriage, Virginia’s equitable distribution laws for marital property do not automatically apply. The court may use principles of constructive trust or unjust enrichment to divide assets, which can be more complex than a divorce settlement.
Related Legal Resources
If you are dealing with other family law issues, our firm also provides representation for divorce in Fairfax County and criminal defense in Fairfax County. For a broader view of our family law services, visit our Virginia family law hub page. We also assist clients in neighboring areas like Falls Church City.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.