Marriage Annulment Lawyer Chesapeake — Is Your Marriage Void or Voidable?
A marriage annulment in Chesapeake, Virginia, legally declares a marriage void from its start under specific grounds in Va. Code § 20-89.1. Unlike divorce, an annulment erases the marital status. Law Offices Of SRIS, P.C. provides experienced legal guidance to determine if your situation qualifies for an annulment or if a divorce is the correct path.
Last verified: April 2026 | Chesapeake Circuit Court | Virginia General Assembly
Virginia Law on Annulment and Void Marriages
Virginia law distinguishes between void and voidable marriages, each with distinct legal implications. A void marriage is invalid from the beginning and never legally existed. Grounds include bigamy (one party was already married), incest, or if a party was under 16 at the time of marriage. A voidable marriage is considered valid until a court annuls it. Grounds for a voidable marriage include fraud, duress, impotence, or mental incapacity at the time of marriage. The specific procedures and required proofs are outlined in the Virginia Code.
Official Legal Resources
For the full text of the law, review Va. Code § 20-89.1 (official Virginia General Assembly site). For filing procedures, visit the Chesapeake Circuit Court website.
The Annulment Process in Chesapeake Circuit Court
Seeking an annulment requires filing a formal complaint or bill of complaint in the Circuit Court where you or your spouse resides. The process involves presenting clear and convincing evidence that your marriage meets one of the statutory grounds. The court will scrutinize the facts, such as the nature of any fraud or the circumstances proving a marriage was void from the outset. Time limits may apply, especially for voidable marriages.
- Consult with a Chesapeake marriage annulment lawyer to evaluate your grounds and evidence.
- Draft and file the annulment petition with the Chesapeake Circuit Court clerk, paying all required fees.
- Serve the filed petition on your spouse according to Virginia rules of civil procedure.
- Prepare for and attend any hearings, where you must present evidence supporting your claim.
- Obtain the court’s final decree of annulment, which legally dissolves the marriage.
Why Choose Law Offices Of SRIS, P.C. for Your Annulment Case
Founded in 1997, our firm brings deep, specific knowledge of Virginia family law. Mr. Sris, our managing attorney, personally played a role in amending Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating a commitment to shaping family law. We apply this foundational understanding to annulment cases, ensuring your petition is built on solid legal footing from the start.
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
Legal Guidance for Chesapeake Residents
We assist clients throughout Chesapeake, including Deep Creek, Great Bridge, and Greenbrier. Our Richmond location serves clients with matters in Chesapeake courts. For complex cases, Mr. Sris, a former prosecutor with a multi-state practice, provides strategic oversight.
Results may vary. Prior results do not guarantee a similar outcome.
Contact a Marriage Annulment Lawyer in Chesapeake
Law Offices Of SRIS, P.C.
Richmond Location — 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 firm represents clients in Chesapeake and surrounding areas. We are accessible via I-64, Route 168, and other major highways.
Annulment Law in Chesapeake: Frequently Asked Questions
What is the difference between an annulment and a divorce in Virginia?
Yes, there is a major difference. A divorce ends a valid marriage. An annulment declares the marriage was never legally valid from the beginning, as if it never happened.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For fraud or duress, you generally must file within two years of discovering the fraud or being free from duress. For a void marriage (like bigamy), there is typically no time limit. A marriage annulment petition lawyer Chesapeake can advise on your specific timeline.
What are the most common grounds for an annulment?
Common grounds include fraud (e.g., lying about wanting children, hiding a prior marriage), duress (being forced into the marriage), bigamy, or one party being underage without proper consent. Each requires specific proof.
Can I get an annulment if my spouse lied to me?
Yes, but only if the lie was about something central to the marriage itself. Virginia law requires the fraud to go to the essence of the marital contract. General deceit may not be enough.
What happens to property and children after an annulment?
Since an annulment voids the marriage, there is no “marital property” to divide under equitable distribution. However, the court can still decide issues of child custody, support, and visitation, and it may divide jointly-owned property under contract or partnership principles.
Do I need a lawyer for an annulment?
It is highly advisable. Annulment law is complex, with strict evidence and procedure rules. A void marriage lawyer Chesapeake can assess your case, gather necessary evidence, and ensure your petition meets all legal requirements in Chesapeake Circuit Court.
Related Legal Services in Chesapeake
If an annulment is not possible, our firm also provides full representation for divorce in Chesapeake, child custody matters, and complex property division. For other legal needs, see our pages on Chesapeake criminal defense and Chesapeake DUI defense.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.