In Botetourt County, marriage annulment requires proving a void or voidable marriage under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 33 documented case results in Botetourt County. A Marriage Annulment Lawyer Botetourt County can explain your options. Consultation by appointment.
Last verified: April 2026 | Botetourt County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law distinguishes between void marriages and voidable marriages. A void marriage is invalid from the start — examples include bigamy, incest, or a marriage where one party was already married. A voidable marriage is valid until a court declares it annulled — grounds include fraud, duress, or mental incapacity at the time of marriage. Under Va. Code § 20-91, annulment petitions must be filed in the Circuit Court of the county where either party resides. A Marriage Annulment Lawyer Botetourt County can help you determine which category applies to your situation.
Mr. Sris, founder of Law Offices Of SRIS, P.C. (founded 1997), personally amended Va. Code § 20-107.3 (equitable distribution statute). His background as a former prosecutor provides strategic insight into family law litigation. The firm’s combined attorney experience exceeds 120 years.
For annulment specifically, Va. Code § 20-91 provides the statutory grounds. Unlike divorce, annulment treats the marriage as if it never legally existed. A marriage annulment petition lawyer Botetourt County must file the petition in Botetourt County Circuit Court at 20 E. Back Street, Suite A, Fincastle, VA 24090. The court requires specific evidence depending on whether the marriage is void or voidable.
Review the official Virginia statutes: Va. Code § 20-91 (annulment grounds) and the Botetourt County General District Court website for procedural information.
Botetourt County Circuit Court handles all annulment petitions. The court requires a corroborating witness for uncontested annulment hearings. A void marriage lawyer Botetourt County can explain why void marriages (like bigamy) require different evidence than voidable marriages (like fraud).
- Step 1: Consult with a Marriage Annulment Lawyer Botetourt County to identify your specific grounds under Va. Code § 20-91.
- Step 2: Gather evidence — marriage certificate, proof of grounds (e.g., fraud documentation, prior marriage records for bigamy).
- Step 3: File the annulment petition at Botetourt County Circuit Court, 20 E. Back Street, Suite A, Fincastle, VA 24090.
- Step 4: Serve the other party with the petition and summons — sheriff service costs approximately $12.
- Step 5: Attend the hearing with your corroborating witness if required.
- Step 6: Obtain the final annulment decree from the court.
In Botetourt County, marriage annulment does not carry criminal penalties, but the legal consequences affect property rights, inheritance, and spousal support.
| Issue | Classification | Legal Effect | Property Division | Spousal Support | Additional Consequences |
|---|---|---|---|---|---|
| Void Marriage | Invalid ab initio | No legal marriage ever existed | Equitable distribution may not apply | No spousal support | Children remain legitimate under Va. Code § 20-91 |
| Voidable Marriage | Valid until annulled | Marriage treated as if it never existed | Court may order equitable distribution | Spousal support may be awarded | Children remain legitimate |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. The firm has over 120 years of combined legal experience and 4,739+ documented case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute — a credential unique to this firm. The firm’s tagline: “Advocacy Without Borders.”
Mr. Sris (Owner & CEO, Managing Attorney) — Former prosecutor, founded firm 1997, personally amended Va. Code § 20-107.3. Bar: VA, MD, DC, NJ, NY. He provides secondary oversight on complex annulment cases in Botetourt County.
Law Offices Of SRIS, P.C. has 33 total documented case results across all practice areas in Botetourt County, with a 100% favorable outcome rate. These results include traffic and family law matters. Firm-wide, the firm has 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Shenandoah/Woodstock location serves clients at Botetourt County courts (20 E. Back Street, Suite A, Fincastle, VA 24090), accessible via I-81, I-64, Route 11, and Route 220.
Marriage annulment lawyer near Fincastle, Daleville, Troutville, Blue Ridge, and Eagle Rock.
Serving communities: Fincastle, Daleville, Troutville, Blue Ridge, Eagle Rock.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St, Suite 103, Woodstock, VA 22664
Toll-Free: (888) 437-7747 | Local: (888) 437-7747
By appointment only.
Can I get an annulment instead of a divorce in Botetourt County?
Yes, if you have specific grounds under Va. Code § 20-91 such as fraud, duress, bigamy, incest, or mental incapacity at the time of marriage. Annulment treats the marriage as if it never existed, unlike divorce which ends a valid marriage.
How long does an annulment take in Botetourt County?
Uncontested annulment cases typically take 2-4 months from filing to final decree in Botetourt County Circuit Court. Contested annulments can take 6-12 months depending on the complexity of the grounds and evidence required.
What is the difference between a void and voidable marriage in Virginia?
A void marriage is invalid from the start — bigamy, incest, or prior existing marriage. A voidable marriage is valid until a court declares it annulled — fraud, duress, or mental incapacity. A Marriage Annulment Lawyer Botetourt County can explain which applies to your case.
Do I need a corroborating witness for an annulment hearing in Botetourt County?
Yes, Virginia requires at least one corroborating witness for an uncontested annulment hearing. The witness must have personal knowledge of the marriage and the grounds for annulment. Your marriage annulment petition lawyer Botetourt County can prepare your witness.
Can I get an annulment if my spouse committed fraud?
Yes, fraud is a valid ground for annulment under Va. Code § 20-91. The fraud must go to the essence of the marriage — such as hiding a prior marriage, concealing infertility, or lying about a criminal history. A void marriage lawyer Botetourt County can evaluate your evidence.
What happens to property in an annulment in Botetourt County?
It depends. For void marriages, equitable distribution may not apply because no valid marriage existed. For voidable marriages, the court may order equitable distribution under Va. Code § 20-107.3. A Marriage Annulment Lawyer Botetourt County can advise on property division.
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Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.