Annulment Lawyer Lexington — Is Your Marriage Void or Voidable?
An annulment legally declares a marriage void from its start under Virginia law. In Lexington, grounds include bigamy, incest, or one party being underage. Filing a marriage annulment petition requires specific proof in Lexington Circuit Court. An experienced annulment lawyer Lexington from Law Offices Of SRIS, P.C. can guide you through this distinct legal process, which differs fundamentally from divorce.
Virginia Annulment Law and Statute
Virginia law provides two paths for annulment: void marriages and voidable marriages. A void marriage is invalid from the outset, meaning it never legally existed. Grounds for a void marriage include bigamy (one spouse was already married), incest, or one party being under the age of 16. These are absolute bars. A voidable marriage is considered valid until a court annuls it. Grounds include fraud, duress, impotence, or mental incapacity at the time of the marriage.
The primary statute governing annulments in Virginia is Va. Code § 20-89.1. This statute outlines the specific grounds and the legal process for seeking an annulment. Unlike divorce, which ends a valid marriage, an annulment erases it as if it never happened, with significant implications for property rights and spousal support.
Last verified: April 2026 | Lexington Circuit Court | Virginia General Assembly
Official Virginia Resources
- Va. Code § 20-89.1 (official Virginia General Assembly) – The state statute defining annulment grounds.
- Lexington Circuit Court – The official .gov website for the court handling annulment petitions in Lexington.
The Annulment Process in Lexington Circuit Court
Seeking an annulment in Lexington involves a specific legal petition. The process begins with filing a “Bill of Complaint for Annulment” in the Lexington Circuit Court, located at 2 South Main Street. You must clearly state the grounds (e.g., fraud, bigamy) and provide supporting evidence. The court will schedule a hearing where you must prove your case. Unlike a no-fault divorce, you cannot get an annulment based on separation or irreconcilable differences.
- Consult with an Annulment Lawyer: Determine if you have valid grounds for an annulment under Virginia law and whether it is the right path compared to divorce.
- Gather Evidence: Collect all documentation supporting your claim, such as proof of a prior existing marriage, evidence of fraud, or medical records.
- File the Petition: Your attorney will prepare and file the Bill of Complaint for Annulment with the Lexington Circuit Court clerk and pay the filing fee.
- Serve the Other Party: The petition must be legally served on your spouse, who then has time to file an answer.
- Attend the Hearing: Present your case and evidence before a judge. If successful, the court will enter a decree of annulment.
Key Differences: Annulment vs. Divorce in Virginia
In Lexington, an annulment legally erases a marriage, while a divorce dissolves a valid one, skilled to different outcomes for property and support.
| Aspect | Annulment | Divorce |
|---|---|---|
| Legal Effect | Declares marriage void from beginning. | Terminates a valid marriage from date of decree. |
| Grounds | Bigamy, incest, fraud, duress, underage. | Separation (no-fault) or fault grounds like adultery. |
| Property Division | No “marital” property; assets divided as if never married. | Equitable distribution of marital property under Va. Code § 20-107.3. |
| Spousal Support | Generally not awarded. | May be awarded based on need and ability to pay. |
| Time Requirement | No mandatory separation period. | Requires 6-month or 1-year separation for no-fault. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Lexington Annulment Lawyers
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to complex family law matters. Mr. Sris personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating a deep understanding of Virginia family law at the legislative level. This experience is critical when handling the nuanced differences between annulment and divorce.
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 in Lexington
Our firm has a documented record of favorable outcomes in Lexington courts. In family and other practice areas, we have secured 14 total documented case results in the locality with a 100% favorable outcome rate. These results include dismissals, reductions, and favorable settlements case-specific to each client’s unique situation.
Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on complex matters is Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting and information systems, which provides an advantage in cases involving financial fraud or complex asset issues related to annulment claims.
Annulment Lawyer Near Lexington, Virginia
Our Richmond location serves clients at the Lexington courts (2 South Main Street). We represent individuals in Lexington and surrounding communities.
Availability: 24/7 phone consultations — meetings by appointment only.
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.
Annulment in Lexington, VA: Frequently Asked Questions
What is the difference between a void and a voidable marriage in Virginia?
Yes, there is a critical legal difference. A void marriage is invalid from the start (e.g., bigamy, incest) and can be challenged by anyone at any time. A voidable marriage is valid until annulled by a court based on grounds like fraud or duress, and typically only the injured party can file the petition.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For fraud or duress, you should file promptly after discovering the fraud or being free from duress. For underage marriages, the underage party must file before turning 18. There is no specific statute of limitations for void marriages like bigamy, but delay can affect a judge’s view of the case.
Can I get spousal support after an annulment?
No, generally not. Since an annulment declares the marriage never legally existed, the court typically cannot award spousal support (alimony). Financial claims are usually handled as they would be between unmarried individuals, not under divorce support guidelines.
What happens to property and debts after an annulment?
Virginia’s equitable distribution laws for divorce do not apply. The court will attempt to return parties to their pre-marriage financial positions. Property is divided based on who holds title and who contributed funds, which can be complex. A void marriage lawyer Lexington can help untangle these asset issues.
Do I need a lawyer to file an annulment petition in Lexington?
Yes, it is highly advisable. The legal standards of proof are high, the procedure is specific, and the consequences are significant. An experienced annulment lawyer Lexington can gather necessary evidence, draft the petition correctly, and advocate for you in Lexington Circuit Court to achieve the annulment decree.
Related Legal Services in Lexington
If an annulment is not appropriate for your situation, our firm provides full representation in related family law matters. We are also a resource for other legal challenges you may face in Lexington.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your marriage annulment petition.