Marriage Annulment Lawyer Lexington — Is Your Marriage Void or Voidable?
A marriage annulment in Lexington, Virginia, legally declares a marriage void from its start under Va. Code § 20-45.1. Grounds include bigamy, incest, or one party being underage. The Law Offices Of SRIS, P.C. provides experienced legal guidance for filing a marriage annulment petition in Lexington.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Virginia Annulment Law and Grounds
An annulment is a court order stating a marriage was never legally valid. This differs from divorce, which ends a valid marriage. Virginia law specifies two categories: void marriages (never legal) and voidable marriages (can be canceled). A void marriage lawyer in Lexington can address situations like bigamy, where a person was already married, or incest. Voidable grounds include fraud, force, or physical incapacity. The process starts by filing a complaint in the Circuit Court where either party resides.
Mr. Sris, founder of the firm, brings extensive experience in Virginia family law, including the nuanced statutes governing annulments. His background provides strategic insight for these sensitive cases.
- Consult with a marriage annulment lawyer to review your grounds and evidence.
- Your attorney files a Complaint for Annulment in the appropriate Circuit Court.
- The other spouse is served with the complaint and has time to respond.
- If uncontested, the court may grant the annulment based on filings. If contested, a hearing is scheduled.
- The judge issues a Decree of Annulment if the legal grounds are proven.
Key Differences: Annulment vs. Divorce in Lexington
Choosing between annulment and divorce has significant legal consequences. An annulment erases the marriage as if it never happened, which can affect property division, spousal support, and legitimacy of children. Virginia is an equitable distribution state for divorce, but annulment may lead to property being returned to its original owner. Child custody and support are still determined based on the child’s best interests, regardless of the marriage’s validity. A marriage annulment petition lawyer in Lexington can advise which path is legally appropriate for your circumstances.
Why Choose Our Lexington Annulment Attorneys
Founded in 1997, the Law Offices Of SRIS, P.C. has over 120 years of combined legal experience. Our firm-wide track includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the personal and legal details of seeking an annulment. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep involvement in shaping 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 Lexington
Our firm has 14 total documented case results across all practice areas in Lexington with a 100% favorable outcome rate. While prior results in other family law matters demonstrate our commitment to client advocacy, each annulment case depends on its unique facts.
Results may vary. Prior results do not guarantee a similar outcome.
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. 24/7 phone consultations.
Our Richmond location serves clients with matters at Lexington courts. We are accessible via I-64 and I-81. Serving the Lexington community, including areas near VMI and Washington and Lee University. Looking for a marriage annulment lawyer near Lexington? Call us anytime.
Lexington Annulment Lawyer FAQ
What is the difference between a void and voidable marriage in Virginia?
Yes, there is a key difference. A void marriage is illegal from the start (e.g., bigamy, incest) and can be declared void by any court at any time. A voidable marriage (e.g., based on fraud, incapacity) is valid until one party petitions the court to annul it within a specific time frame.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For fraud or force, you typically must file within two years of discovering the fraud or being free from force. For underage marriage without consent, a petition can be filed before the minor reaches the age of consent. A void marriage lawyer in Lexington can clarify deadlines for your specific case.
Can I get an annulment if my spouse lied about wanting children?
It depends. Fraud must go to the essence of the marriage contract. Virginia courts have sometimes granted annulments for fraud regarding a spouse’s intent to have children, but it requires strong proof of the deceit and that you would not have married had you known the truth. Consulting a marriage annulment petition lawyer is essential.
What happens to property and debt after an annulment?
Since an annulment voids the marriage, Virginia’s equitable distribution laws for divorce may not apply. The court often uses principles of equity to return property to the original owner or divide it to prevent unjust enrichment. Debts may be assigned to the person who incurred them.
Do I need a lawyer to file for an annulment in Lexington?
Yes. Annulment law is complex, with strict procedural rules and evidence requirements. An experienced marriage annulment lawyer in Lexington ensures your petition is filed correctly, deadlines are met, and your rights are protected throughout the court process.
Useful Resources: Review the Virginia Code on Annulment (Va. Code § 20-45.1) and the Virginia Courts Website for general forms and information.
Related Pages: Learn more about Virginia Family Law. For other legal needs, see our pages for Criminal Defense in Lexington and DUI Defense in Lexington.
Last verified: April 2026.