Annulment Lawyer Colonial Heights — Is Your Marriage Void or Voidable?
An annulment in Colonial Heights declares a marriage legally void under Va. Code § 20-89.1, as if it never existed. Grounds include bigamy, incest, underage marriage without consent, or mental incapacity. Law Offices Of SRIS, P.C. has 4 documented case results in Colonial Heights. Our firm provides full representation for your marriage annulment petition in Colonial Heights.
Last verified: April 2026 | Colonial Heights Circuit Court | Virginia General Assembly
Virginia Annulment Law and Grounds
Virginia law provides two paths to end a marriage: divorce and annulment. An annulment is a legal decree that a marriage was never valid from its start. The grounds are strict and defined by statute. A void marriage lawyer in Colonial Heights can assess if your situation meets the legal criteria for an annulment rather than a divorce.
The primary statute is Va. Code § 20-89.1, which outlines the grounds for annulment. These include a prior existing marriage (bigamy), a marriage between close relatives (incest), a marriage where one party was under 18 without proper consent, or a marriage where a party lacked mental capacity to consent. Unlike divorce, there is no waiting period based on separation for an annulment.
Insider Procedural Edge for Colonial Heights Annulment Cases
Colonial Heights Circuit Court handles all annulment matters. The process begins with filing a formal complaint. Virginia requires at least one corroborating witness for an uncontested annulment hearing. If the annulment is contested, the case proceeds like a civil trial.
- Consult with an annulment lawyer to review your grounds and evidence.
- File a Complaint for Annulment with the Colonial Heights Circuit Court clerk.
- Serve the complaint on your spouse according to Virginia rules.
- If uncontested, attend a final hearing with a corroborating witness.
- If contested, proceed through discovery, motions, and a trial.
- Obtain the court’s final decree of annulment.
Potential Outcomes and Considerations
In Colonial Heights, an annulment, if granted, results in the marriage being erased, which can affect property rights, spousal support, and the legitimacy of children differently than a divorce.
If an annulment is not possible, you may need to file for divorce. The legal strategy depends entirely on the specific facts of your case.
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 Firm Authority
Law Offices Of SRIS, P.C. was founded in 1997. Our firm has a documented record in Colonial Heights courts. In one case, we successfully resolved a complex family law matter involving disputed marital validity. Results may vary. Prior results do not guarantee a similar outcome.
Our managing attorney, Mr. Sris, is a former prosecutor who personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3. This deep legislative experience informs our approach to all family law statutes, including those governing annulment.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location serves clients in Colonial Heights. We are accessible via I-95 and Route 1. We represent clients in neighborhoods throughout Colonial Heights.
Annulment Lawyer Colonial Heights FAQ
What is the difference between an annulment and a divorce in Virginia?
An annulment declares the marriage legally invalid from the beginning, while a divorce ends a valid marriage. Grounds for annulment are specific, like bigamy or incapacity, and are filed under Va. Code § 20-89.1.
How long does an annulment take in Colonial Heights?
It depends. An uncontested annulment with all evidence ready can take 2-4 months. A contested annulment that goes to trial can take 9-18 months or longer, similar to a complex divorce timeline in Colonial Heights Circuit Court.
Can I get an annulment if my marriage was never consummated?
No. In Virginia, non-consummation is not a statutory ground for annulment. You would need to pursue a divorce, potentially using a fault ground like desertion if one party refused to consummate the marriage.
What happens to property and children after an annulment?
Property is divided based on equitable principles, not marital property law. Children born during a marriage that is later annulled are still considered legitimate. Child custody and support are determined using the same “best interests” standards as in divorce.
Do I need a lawyer to file an annulment petition in Colonial Heights?
Yes. The legal standards are high and the process is complex. An experienced marriage annulment petition lawyer in Colonial Heights can gather necessary evidence, such as experienced testimony for incapacity, and ensure proper filing and service to avoid dismissal.
Related Pages: For other legal needs, see our Colonial Heights criminal defense lawyer or Colonial Heights DUI lawyer pages. For more family law information, visit our Virginia family law hub.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. for current guidance.