Marriage Annulment Lawyer Fauquier County — What Are the Grounds?
An annulment in Fauquier County is a legal decree that a marriage is void or voidable under Virginia law, as defined in Va. Code § 20-89.1. This differs from divorce, which ends a valid marriage. A marriage annulment petition lawyer Fauquier County can help you determine if your situation meets the strict legal grounds. Law Offices Of SRIS, P.C.
Virginia Annulment Law and Fauquier County Procedure
Virginia law provides specific grounds for annulment, which are distinct from divorce. An annulment legally declares that a valid marriage never existed. The statute governing annulments is Va. Code § 20-89.1. A void marriage lawyer Fauquier County can explain that some marriages are considered “void” from the start (like bigamous marriages), while others are “voidable” and can be annulled by a court order.
Last verified: April 2026 | Fauquier County Circuit Court | Virginia General Assembly
Mr. Sris, founder of the firm, brings a background in accounting and information systems, which is an advantage in cases involving complex financial disclosures that may arise during annulment proceedings related to fraud or incapacity.
Official Legal Resources
For the full text of Virginia’s annulment statute, see Va. Code § 20-89.1 (official Virginia General Assembly). All annulment petitions in Fauquier County are filed with the Fauquier County Circuit Court.
Grounds for Annulment in Fauquier County
Virginia law recognizes several grounds for annulment. These include situations where one party lacked the mental capacity to consent, was under the age of legal consent (16, with exceptions), or where the marriage was procured by fraud or force. A bigamous marriage (where one party was already legally married) is considered void. Understanding which category your marriage falls into is a critical first step that a marriage annulment lawyer Fauquier County can assist with.
- Consult with an Attorney: Determine if you have valid grounds for an annulment under Virginia law.
- File a Petition: Your attorney will prepare and file a formal Bill of Complaint for Annulment with the Fauquier County Circuit Court clerk.
- Serve the Other Party: The petition must be legally served on your spouse, who then has time to file an answer.
- Court Proceedings: If the case is contested, evidence will be presented at a hearing. If uncontested and grounds are proven, the court may grant the annulment decree.
- Final Decree: The court issues a final order of annulment, legally declaring the marriage null.
Potential Outcomes and Considerations
In Fauquier County, an annulment, if granted, results in the marriage being treated as if it never legally existed, which can affect property rights and spousal support differently than a divorce.
Issues of property division, debt, and potentially support are still addressed by the court under principles of equitable distribution, similar to divorce, but the starting premise is different. Child custody and support are handled separately and are not negated by an annulment.
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Annulment Case
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm has over 120 years of combined attorney experience and more than 4,739 documented case results firm-wide. In Fauquier County, we have 73 documented case results across all 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 includes Mr. Sris, whose multi-state practice and background provide strategic oversight on complex cases. His direct experience with Virginia statute amendments is a unique asset.
Documented Case Results in Fauquier County
Our commitment to clients is reflected in our track record. In Fauquier County, Law Offices Of SRIS, P.C. has 73 total documented case results across all practice areas, with a 97% favorable outcome rate. These results include favorable resolutions in traffic, DUI, and family-related matters.
Results may vary. Prior results do not guarantee a similar outcome.
Fauquier County Annulment Lawyer Near You
Our Fairfax location serves clients with matters at the Fauquier County courts in Warrenton. We are accessible via I-66, Route 29, and Route 17. We serve the communities of Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Fauquier County Annulment Lawyer FAQ
What is the difference between an annulment and a divorce in Virginia?
A divorce ends a legally valid marriage. An annulment is a court declaration that a valid marriage never existed due to specific legal defects at the time of the marriage, as defined under Va. Code § 20-89.1.
What are the grounds for an annulment in Virginia?
Grounds include bigamy, incest, underage marriage without proper consent, mental incapacity, impotence, fraud, force, or a marriage entered into as a joke or dare. A void marriage lawyer Fauquier County can assess which specific ground applies to your case.
How long do I have to file for an annulment?
It depends on the ground. For fraud, you must file within two years of discovering the fraud. For underage marriage, you must file before the underage party turns 18. Other grounds have different timelines, so consulting a marriage annulment petition lawyer Fauquier County promptly is crucial.
Can I get an annulment if my marriage was never consummated?
Yes, impotence that existed at the time of marriage and appears to be incurable is a ground for annulment in Virginia, provided the other party was unaware of the condition before the marriage.
What happens to property and children after an annulment?
Virginia courts will still divide marital property and debts under equitable distribution principles. Children from an annulled marriage are considered legitimate, and the court will establish custody and support orders just as in a divorce.
Where are annulment cases filed in Fauquier County?
All annulment petitions are filed with the Fauquier County Circuit Court, located at 6 Court Street in Warrenton, VA.
Related Legal Information
If you are considering ending your marriage, you may also want to learn about Virginia divorce law. For other legal needs in the area, see our pages on Fauquier County criminal defense and Fauquier County DUI defense. We also assist clients in neighboring jurisdictions like Fairfax County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.