Marriage Annulment Lawyer Roanoke County — Is Your Marriage Void?
A marriage annulment in Roanoke County is a legal declaration that a marriage was never valid under Virginia law, governed by Va. Code § 20-89.1. Grounds include bigamy, incest, underage marriage without consent, or mental incapacity. As your dedicated marriage annulment lawyer in Roanoke County, Law Offices Of SRIS, P.C. provides clear guidance through this specific legal process.
Last verified: April 2026 | Roanoke County Circuit Court | Virginia General Assembly
An annulment differs from a divorce, which ends a valid marriage. An annulment treats the marriage as if it never legally existed. Virginia law provides specific, narrow grounds for annulment. You must file a formal marriage annulment petition in the Roanoke County Circuit Court where you or your spouse resides. The process requires proving one of the statutory grounds existed at the time of the marriage ceremony.
For a void marriage, such as one involving a party who was already legally married (bigamy) or a marriage between close relatives (incest), the marriage is considered invalid from the outset. A voidable marriage, like one where a party lacked the mental capacity to consent, may be annulled by a court order. A skilled void marriage lawyer in Roanoke County can assess your circumstances and determine the correct legal path.
Virginia Annulment Law and Grounds
The authority for annulments in Virginia is found in Va. Code § 20-89.1. The Roanoke County Circuit Court has jurisdiction over annulment cases. The primary legal grounds include:
- Bigamy: One party was already lawfully married to another person at the time of the second marriage.
- Incest: The parties are related within the degrees prohibited by law (e.g., parent-child, siblings, aunt-nephew).
- Underage Marriage: A party was under 18 and did not have legally required parental consent or court approval.
- Mental Incapacity: A party lacked the mental capacity to understand the nature of the marriage contract and its consequences.
- Force or Fraud: The consent to marry was obtained by force, duress, or fraud going to the essence of the marriage.
- Physical Incapacity: One party was and remains permanently physically incapable of consummating the marriage.
You can review the official statutes at the Virginia Law Portal. For local court procedures, visit the Roanoke County Circuit Court website.
- Consult with an Attorney: Discuss your situation with a marriage annulment petition lawyer in Roanoke County to confirm grounds and strategy.
- File a Complaint: Your attorney files a formal Complaint for Annulment with the Roanoke County Circuit Court clerk and pays the filing fee.
- Serve the Other Party: The complaint must be legally served on your spouse, who then has time to file an answer.
- Gather Evidence: Work with your lawyer to collect all necessary documentation, such as prior marriage certificates, medical records, or witness statements.
- Court Hearing: Attend a hearing where you present evidence to the judge. If grounds are proven, the court will enter a Decree of Annulment.
Consequences of an Annulment
In Roanoke County, a granted annulment legally voids the marriage, which can affect property rights, spousal support, and the legitimacy of children differently than a divorce.
| Aspect | Annulment Outcome |
|---|---|
| Marital Status | Marriage is declared void from the beginning. |
| Property Division | No “marital property” under Va. Code § 20-107.3; parties typically keep assets in their own names. |
| Spousal Support | Generally not awarded, except in rare cases of equity. |
| Child Legitimacy & Support | Children born of an annulled marriage are still considered legitimate. Both parents retain full parental rights and obligations, including child support. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Roanoke County Family Law
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a combined 120+ years of legal experience to complex family law matters. In Roanoke County, we have a documented record of handling sensitive family cases. Mr. Sris, our managing attorney, personally played a role in amending Virginia’s key equitable distribution statute, Va. Code § 20-107.3, demonstrating a deep commitment to the evolution of family law in the state.
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
Our team, including founder and former prosecutor Mr. Sris, approaches each annulment case with precision, understanding that these matters require careful analysis of facts against strict legal standards. We have assisted clients in the Roanoke Valley in handling the specific procedures of the local Circuit Court.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Roanoke County Annulment Attorneys
Our Shenandoah/Woodstock location serves clients with matters at the Roanoke County courts. We are accessible via I-81 and Route 11. We serve the communities of Salem, Vinton, Cave Spring, Hollins, and Catawba.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
505 N Main St #103
Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
Marriage Annulment in Roanoke County: Frequently Asked Questions
What is the difference between an annulment and a divorce in Virginia?
A divorce ends a legally valid marriage. An annulment is a court declaration that a valid marriage never existed due to specific legal defects present at the time of the wedding.
How long do I have to file for an annulment in Virginia?
It depends on the ground. For underage marriage, you must file before the underage party turns 18. For fraud or force, you should file promptly after discovering the fraud or being free from duress. There is no specific time limit for bigamy or incest, but delay can affect the case.
Can I get an annulment if my marriage was never consummated?
Yes, but only under specific conditions. Virginia law allows annulment for a party’s permanent and incurable physical incapacity at the time of marriage, if the other party was unaware of it. Short-term or temporary incapacity is not a ground.
What happens to our property if our marriage is annulled?
Since an annulment voids the marriage, Virginia’s equitable distribution laws for marital property do not apply. Property is typically returned to the party who owned it prior to the marriage or in whose name it is titled. The court may issue orders to prevent unfair enrichment.
Do I need a lawyer to file for an annulment in Roanoke County?
While not legally required, it is highly advisable. The grounds are narrow, the burden of proof is high, and the procedural rules in Roanoke County Circuit Court are strict. An experienced marriage annulment lawyer in Roanoke County can properly present your evidence and arguments.
Internal Resources: For more on ending a marriage, see our Virginia Divorce & Family Law overview. If you are also facing related criminal charges, learn about our Roanoke County criminal defense services. For help in a neighboring county, consider our Shenandoah County family law page.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current guidance regarding your marriage annulment petition in Roanoke County.