Marriage Annulment Lawyer Henrico County — What Are the Grounds?
A marriage annulment in Henrico County is a legal declaration that a marriage is void or voidable under Virginia law, as distinct from divorce. Grounds include bigamy, incest, underage marriage without consent, or fraud. The Law Offices Of SRIS, P.C. provides experienced legal guidance for filing a marriage annulment petition in Henrico County Circuit Court.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
An annulment legally declares a marriage null and void, as if it never existed. Virginia law provides specific, limited grounds for annulment, which are distinct from the grounds for divorce. Understanding whether your situation meets the criteria for an annulment requires careful analysis of the facts and applicable statutes.
The process for a marriage annulment petition in Henrico County is handled by the Henrico County Circuit Court. It is crucial to act promptly, as some grounds for annulment have strict time limits. A void marriage lawyer in Henrico County can assess your case, gather necessary evidence, and handle the court procedures to seek a declaration of nullity.
Virginia Annulment Law and Grounds
Virginia statutes outline the specific circumstances under which a marriage can be annulled. These are categorized as void marriages (legally invalid from the start) and voidable marriages (valid until annulled by a court).
Void marriages (Va. Code § 20-38.1) include:
- Bigamy (one party was already legally married).
- Incestuous marriages between close relatives.
- Marriages where a party lacks the mental capacity to consent.
Voidable marriages may be annulled for reasons such as:
- One party being under the age of 18 without necessary consent (Va. Code § 20-48).
- Fraud, duress, or coercion inducing the marriage.
- Physical incapacity at the time of marriage.
You can review the official Virginia Code on void marriages and the Henrico County Circuit Court website for procedural information.
- Consult with a marriage annulment lawyer in Henrico County to evaluate your grounds.
- Your attorney will draft and file a formal Bill of Complaint for Annulment with the Circuit Court.
- The other spouse must be legally served with the complaint and a summons.
- If the spouse contests, the case proceeds to hearing; if uncontested, you may seek a default judgment.
- The court issues a final decree of annulment if grounds are proven.
Consequences of Annulment
In Henrico County, a successful annulment legally dissolves the marriage as if it never occurred, which can affect property division, spousal support, and the legitimacy of children differently than a divorce.
Unlike divorce, which ends a valid marriage, an annulment erases it legally. This distinction has significant implications:
- Property Division: Virginia’s equitable distribution laws (Va. Code § 20-107.3) typically do not apply. Instead, property is returned to its original owner or divided based on principles of equity and resulting trust.
- Spousal Support: Awards are less common but possible based on need and circumstances at the court’s discretion.
- Children: Children born of an annulled marriage are still considered legitimate under Virginia law.
Results may vary. Prior results do not guarantee a similar outcome.
Legal Authority and Experience
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 has a documented record of over 4,739 case results with a 93%+ favorable outcome rate firm-wide. 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.
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 Henrico County
Our firm has 21 total documented case results across all practice areas in Henrico County with a 100% favorable outcome rate. While specific annulment results are part of our broader family law practice, our approach is grounded in thorough case analysis and strategic filing. For instance, our team’s work includes successful resolutions in complex family law matters in local courts. Mr. Sris, the firm’s founder, provides strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Henrico County Annulment Attorneys
Our Richmond location serves clients in Henrico County, located near I-64 and I-295 for convenient access to the Henrico County Circuit Court. We are your local marriage annulment lawyer near Glen Allen and Short Pump, serving neighborhoods including Innsbrook, Tuckahoe, and Highland Springs.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
By appointment only.
Henrico County Marriage Annulment FAQs
What is the difference between an annulment and a divorce in Virginia?
An annulment declares the marriage legally invalid from the start (void) or cancels it (voidable), while a divorce legally ends a valid marriage. Annulments have specific, limited grounds like bigamy, fraud, or underage marriage without consent.
How long do I have to file for an annulment in Virginia?
It depends on the ground. For fraud, you must generally file within two years of discovering it. For underage marriage, you must file before the minor turns 18, or within a year of turning 18. A void marriage lawyer in Henrico County can advise on specific deadlines for your case.
Can I get an annulment if my spouse lied about wanting children?
Potentially, yes. If the fraud regarding a fundamental aspect like wanting children goes to the essence of the marriage contract, it may be grounds for annulment. Success requires strong evidence presented in Henrico County Circuit Court.
What happens to property after an annulment?
Virginia’s equitable distribution laws for divorce typically do not apply. The court uses principles of equity to divide property, often aiming to return assets to their original owners. This process differs significantly from a divorce settlement.
Do I need a lawyer for a marriage annulment petition in Henrico County?
Yes. Annulment law is complex with strict procedural rules and evidence standards. A marriage annulment lawyer in Henrico County ensures your petition is filed correctly, deadlines are met, and your case is presented effectively to the court.
Related Pages: For other legal needs, see our Henrico County criminal defense lawyer or family lawyer in Chesterfield County. Learn more about our firm on our Virginia Family Law hub page.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.