Marriage Annulment Lawyer New Kent County — Is Your Marriage Void?
A marriage annulment in New Kent County is a legal declaration that a marriage was never valid under Virginia law, governed by Va. Code § 20-89.1. The Law Offices Of SRIS, P.C. provides focused legal representation for annulment petitions, helping clients handle the specific grounds required by the New Kent County Circuit Court.
Virginia Annulment Law and Grounds
Virginia law provides specific, limited grounds for annulling a marriage, treating it as if it never legally existed. An annulment differs from a divorce, which ends a valid marriage. The statutory authority is found in Va. Code § 20-89.1. Grounds for annulment include a void marriage, such as bigamy (one party was already married), incest, or underage marriage without proper consent. Voidable grounds include fraud, duress, impotence, or mental incapacity at the time of the marriage. Proving these grounds requires precise evidence and adherence to strict procedural rules in court.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Legal Resources and Court Process
Successfully pursuing an annulment requires understanding both the law and local court procedure. You can review the official statutes on the Virginia Law website. For New Kent County, all annulment cases are filed in the Circuit Court, and you can find specific filing information on the New Kent County Circuit Court website. The process begins with filing a formal complaint outlining the specific grounds. Unlike a no-fault divorce, you must prove the existence of a qualifying ground at a hearing.
Handling an Annulment Case in New Kent County
In New Kent County Circuit Court, judges scrutinize annulment petitions closely, requiring clear and convincing evidence of the alleged ground. For instance, proving fraud requires demonstrating a deliberate misrepresentation of a fact central to the marriage contract. The court’s primary concern is whether the marriage was legally invalid from its inception. A void marriage lawyer in New Kent County must be prepared to present documentation, such as prior marriage certificates for bigamy or medical affidavits for impotence, to meet this high standard of proof.
- Consult with an attorney to review your situation and identify potential grounds for annulment under Virginia law.
- Gather all necessary evidence, such as prior marriage records, medical reports, or witness statements supporting your claim.
- Your attorney will draft and file a Complaint for Annulment with the New Kent County Circuit Court clerk, paying the required filing fee.
- Ensure the other party is formally served with the complaint and a summons, following Virginia rules of service.
- Prepare for and attend a court hearing where you must present evidence to prove the grounds for annulment.
- If successful, obtain the court’s final decree of annulment, which legally declares the marriage null.
Potential Outcomes and Considerations
In New Kent County, a successful annulment results in the marriage being erased legally, which can affect property rights, spousal support, and the legitimacy of children differently than a divorce.
Property division after an annulment is not governed by Virginia’s equitable distribution laws (Va. Code § 20-107.3). Instead, property is typically returned to the original owner or divided based on who holds title. Spousal support is generally not available unless there are exceptional circumstances. Children born during a marriage that is later annulled are still considered legitimate under Virginia law, and issues of custody and support must still be resolved, often through the Juvenile and Domestic Relations Court.
Results may vary. Prior results do not guarantee a similar outcome.
Firm Experience in Family Law
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our firm-wide track includes 4,739+ case results with a 93%+ favorable outcome rate. Mr. Sris personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in the evolution of state family law. This background informs our strategic approach to all family cases, including annulments.
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
For annulment cases, our team leverages the extensive experience of attorneys like Mr. Sris, whose multi-state practice and background in complex financial matters are assets in untangling the legal and property issues unique to annulment proceedings.
Local Presence and Accessibility
Law Offices Of SRIS, P.C. — Richmond
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.
Our Richmond location serves clients in New Kent County and is positioned to handle cases at the New Kent County courts. We provide 24/7 phone consultations for immediate questions. We serve the communities of New Kent, Providence Forge, and Quinton. If you need a marriage annulment lawyer near New Kent County, contact us to schedule a consultation.
Annulment Law FAQs for New Kent County
What is the difference between an annulment and a divorce in Virginia?
An annulment declares a marriage legally invalid from the start, while a divorce ends a valid marriage. Grounds for annulment are specific, like bigamy or fraud, and must be proven in court.
How long do I have to file for an annulment in Virginia?
It depends on the ground. For fraud or force, you must generally file within two years of discovering the fraud or being free from duress. For underage marriage, it must be filed before the minor turns 18. Other grounds have different timelines.
Can I get an annulment if my spouse lied about wanting children?
Yes, potentially. Fraudulent misrepresentation about a matter central to the marriage contract, such as the intent to have children, can be grounds for an annulment under Virginia law if proven in court.
What happens to property after an annulment?
Virginia’s equitable distribution laws do not apply. Property is usually returned to the person who owned it before the marriage or divided based on title and contribution, not as marital property.
Are children from an annulled marriage considered legitimate?
Yes. Under Va. Code § 20-31.1, children born of a marriage that is later annulled are considered legitimate. Parents must still address custody and support through the proper courts.
Related Information: For broader context, see our Virginia Family Law overview. Residents in nearby areas can consult a family law lawyer in Henrico County or a family law lawyer in Chesterfield County. For other legal needs in New Kent, consider a criminal defense lawyer in New Kent County.
Page last verified and updated: April 2026. Laws and procedures change. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your marriage annulment petition.