Virginia Beach Annulment Lawyer — Is Your Marriage Eligible for Annulment?
An annulment in Virginia Beach legally declares a marriage void from its start under specific grounds in Va. Code § 20-89.1. Unlike divorce, it erases the marital status. Law Offices Of SRIS, P.C. provides focused guidance on annulment petitions. If you need an experienced annulment lawyer Virginia Beach, contact us to discuss your case. We offer 24/7 phone consultations.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
Virginia Annulment Law and Grounds
Virginia law provides specific, narrow grounds for annulment (Va. Code § 20-89.1). An annulment, or “decree of nullity,” treats the marriage as if it never legally existed. This differs from divorce, which ends a valid marriage. Grounds include a void marriage (legally invalid) or a voidable marriage (can be canceled by a court). Common grounds include bigamy (one party was already married), incest, underage marriage without proper consent, or mental incapacity at the time of the marriage. Fraud or force used to induce the marriage may also be grounds for annulment. The process requires filing a formal complaint in the Circuit Court where either party resides.
Official Legal Resources
For the full text of the law, review the Virginia Code § 20-89.1 (official Virginia General Assembly site). All annulment cases in Virginia Beach are filed at the Virginia Beach Circuit Court.
Virginia Beach Annulment Process and Strategy
Successfully pursuing an annulment in Virginia Beach requires precise adherence to procedural rules and compelling evidence. The court scrutinizes annulment petitions closely, as they are less common than divorces. You must prove one of the statutory grounds existed at the very moment the marriage ceremony took place.
- Case Evaluation: Consult with an annulment lawyer Virginia Beach to confidentially review the facts of your marriage and identify if a valid ground exists.
- Evidence Gathering: Collect all relevant documents, such as prior marriage certificates, medical records, or proof of fraud, to support your petition.
- Filing the Complaint: Your attorney drafts and files a Complaint for Annulment with the Virginia Beach Circuit Court clerk and pays the filing fee.
- Service and Response: The other spouse is formally served with the complaint and has 21 days to file an answer.
- Court Proceedings: If the case is contested, your lawyer will prepare for hearings or trial to present evidence to the judge.
- Final Decree: If successful, the court enters a Decree of Nullity, legally annulling the marriage.
Potential Outcomes of an Annulment Case
In Virginia Beach, an annulment case results in a decree of nullity if grounds are proven, legally erasing the marriage.
| Ground for Annulment | Legal Classification | Key Consideration | Typical Evidence Required |
|---|---|---|---|
| Bigamy (Prior Existing Marriage) | Void Marriage | Marriage is automatically invalid. | Certificate of prior, undissolved marriage. |
| Underage Marriage Without Consent | Voidable Marriage | Must be challenged before the minor reaches adulthood. | Birth certificate, proof of lack of parental/judicial consent. |
| Mental Incapacity | Voidable Marriage | Inability to understand marriage contract at the time of ceremony. | Medical records, witness testimony from the wedding date. |
| Fraud | Voidable Marriage | Fraud must go to the essence of the marriage (e.g., intent to have children). | Documented proof of deceptive intent. |
| Force or Coercion | Voidable Marriage | Lack of free will at the time of the marriage. | Witness statements, police reports, threatening communications. |
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. Our firm brings a deep understanding of Virginia family law statutes and courtroom procedures. Mr. Sris, our managing attorney, personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating a significant impact on state family law. This legislative experience informs our strategic approach to all family law matters, including complex annulment petitions and void marriage cases.
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 record of favorable outcomes in family law matters. In Virginia Beach, we have secured results for clients across various family law issues. Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, provides strategic oversight on complex cases involving financial deception or asset issues that may arise in annulment proceedings.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Virginia Beach Annulment Lawyers
Our Richmond location serves clients with Virginia Beach court matters. We are accessible via I-64 and I-264. Serving Virginia Beach, Sandbridge, and Oceana.
Annulment lawyer near Virginia Beach Oceanfront. 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Annulment Lawyer Virginia Beach FAQ
What is the difference between an annulment and a divorce in Virginia?
An annulment legally declares the marriage never validly existed, while a divorce ends a valid marriage. Grounds for annulment are specific and must be proven to have existed at the time of the wedding.
How long do I have to file for an annulment in Virginia?
It depends on the ground. For example, an annulment based on underage marriage without consent must generally be filed before the minor reaches the age of majority. For fraud, you should act promptly upon discovery.
Can I get an annulment if my marriage was very short?
No. A short marriage duration is not, by itself, a legal ground for annulment in Virginia. You must prove one of the specific statutory grounds like fraud, incapacity, or bigamy.
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 laws. However, the court can still issue orders regarding child custody, support, and visitation, as children born of a voided marriage are still considered legitimate.
Do I need a lawyer for a marriage annulment petition in Virginia Beach?
Yes. Annulment law is complex and evidence-intensive. An experienced marriage annulment petition lawyer Virginia Beach can properly evaluate your grounds, gather necessary evidence, and handle the strict procedures of Virginia Beach Circuit Court to seek a decree of nullity.
Related Legal Information
If you are considering an annulment, you may also want information about Virginia divorce and family law. For other legal needs in the area, see our pages on Virginia Beach criminal defense and Virginia Beach DUI defense. We also serve clients in nearby areas like Henrico County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.