Annulment Lawyer Virginia Beach — Is Your Marriage Void or Voidable?
An annulment in Virginia Beach legally declares a marriage void from the 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. Law Offices Of SRIS, P.C. provides experienced legal guidance for your marriage annulment petition in Virginia Beach.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
Virginia Annulment Law and Grounds
Virginia law provides two paths for annulment: void marriages and voidable marriages. A void marriage is considered never legally valid. Grounds for a void marriage include a party being under 16, a party being 16 or 17 without parental/guardian consent and court approval, bigamy (one party was already married), or incest (parties are close blood relatives). These are absolute bars.
A voidable marriage is treated as valid until a court annuls it. Grounds include impotence at the time of marriage, one party consenting due to force or fraud, or one party lacking mental capacity to consent. The petition must be filed in the circuit court where either party resides. The firm, founded in 1997 by former prosecutor Mr. Sris, brings over 120 years of combined legal experience to complex family law matters.
- Consult with an experienced Virginia Beach annulment lawyer to review your grounds and evidence.
- Your attorney will draft and file a formal Bill of Complaint for Annulment with the Virginia Beach Circuit Court.
- The complaint must be legally served to the other spouse, who then has time to file an answer.
- The court may schedule hearings to evaluate evidence before issuing a final decree of annulment.
Key Differences: Annulment vs. Divorce in Virginia
In Virginia Beach, an annulment legally erases a marriage as if it never existed, while a divorce terminates a valid marriage.
| Aspect | Annulment | Divorce |
|---|---|---|
| Legal Effect | Marriage is void/voidable from start | Terminates a valid marriage |
| Grounds | Specific statutory defects (e.g., bigamy, incapacity) | Separation periods or fault grounds |
| Property Division | No “marital” property; equitable principles may apply | Equitable distribution of marital property under Va. Code § 20-107.3 |
| Spousal Support | Generally not awarded | May be awarded based on statutory factors |
| Time Limit | Varies by ground (e.g., fraud must be filed promptly) | No time limit for filing after grounds arise |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Beach Annulment Attorneys
Law Offices Of SRIS, P.C. brings authoritative experience to family law. Founded in 1997, our firm has a combined 120+ years of attorney experience. Mr. Sris, the managing attorney, 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 understand the nuanced procedural requirements for filing a successful marriage annulment petition lawyer Virginia Beach clients can rely on.
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 approach ensures thorough case evaluation. For instance, in a recent annulment case based on fraud, our attorneys meticulously gathered documentation to prove the misrepresentation, skilled to a successful outcome for the client. Mr. Sris, with his background in accounting and systems, provides strategic oversight on cases involving complex financial disclosures sometimes relevant to annulment proceedings.
Results may vary. Prior results do not guarantee a similar outcome.
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 Virginia Beach Circuit Court. We represent individuals in Virginia Beach, Sandbridge, and Oceana. As experienced void marriage lawyer Virginia Beach residents trust, we offer 24/7 phone availability for consultations to discuss the specifics of your case and the annulment process.
Annulment Lawyer Virginia Beach FAQ
What is the difference between a void and a voidable marriage in Virginia?
A void marriage is invalid from the beginning (e.g., bigamy). A voidable marriage is valid until annulled by a court (e.g., fraud). An annulment lawyer Virginia Beach can determine which applies to your situation.
How long do I have to file for an annulment in Virginia Beach?
It depends on the grounds. For fraud, you must file promptly after discovering it. For underage marriage, you typically must file before the minor turns 18. Other grounds may have different timelines. A lawyer can advise on your deadline.
Can I get an annulment if my spouse lied about wanting children?
Potentially, yes. Fraudulent inducement into marriage can be a ground for annulment if the lie was material to the decision to marry. You must prove the misrepresentation and your reliance on it. Legal advice is crucial for these cases.
What happens to property and debts after an annulment?
Since an annulment voids the marriage, there is no “marital” property. However, courts use equitable principles to divide assets and debts acquired during the void period based on contributions and title. The process differs from divorce.
Do I need a lawyer for an annulment in Virginia Beach?
Yes. Annulment law is complex with strict procedural and evidentiary rules. The Virginia Beach Circuit Court requires proper pleadings and proof. An experienced annulment lawyer Virginia Beach ensures your petition meets all legal standards.
For more information on Virginia family law, review the official Virginia Code on Marriage and the Virginia Circuit Court website.
See also: Virginia Family Law Lawyer | Family Law Lawyer Chesapeake | Criminal Defense Lawyer Virginia Beach