Virginia Annulment FAQs

If you are planning to get married or are already married in Virginia and seeking a legal way to terminate your marriage, annulment might be an option worth considering. An annulment is a legal process that declares a marriage null and void, essentially erasing it from existence. In Virginia, annulment differs from divorce as it treats the marriage as if it never took place. Here, we address some commonly asked questions about annulment in Virginia, providing you with the necessary information to make informed decisions.

What grounds are recognized for annulment in Virginia?

In Virginia, a marriage can be annulled if it fulfills specific conditions:

• Either party was still married to someone else at the time of the marriage.
• Either party was underage (below 18 years old) and did not obtain proper consent from parents or guardians.
• Either party was coerced or forced into the marriage against their will.
• Either party lacked the mental capacity to comprehend the nature and responsibilities of marriage.
• Either party deceived the other party into marrying them by concealing information like a criminal record or impotence.

Is obtaining an annulment easier compared to getting a divorce?

Contrary to popular belief, obtaining an annulment in Virginia is not easier than obtaining a divorce. Annulments are less common and require a higher standard of proof compared to divorces. To be granted an annulment, you must present evidence that your marriage meets the eligibility criteria and secure a court order, just like in divorce proceedings.

Can I pursue an annulment if I have been married for a considerable period of time?

Unfortunately, in Virginia, you cannot seek an annulment if you have been married for an extended period. Annulment is exclusively available for short-term or voidable marriages, while divorces provide the legal means to end long-term marriages.

What are the implications of annulment in Virginia?

An annulled marriage in Virginia is treated as if it never took place, resulting in no property division, alimony, or child support obligations. Each party retains ownership of their respective properties, and any assets or debts acquired during the marriage will be divided based on ownership.

Is there a time limit for filing an annulment in Virginia?

The timeframe for filing an annulment in Virginia depends on the grounds for annulment. If the basis for annulment is related to age or lack of consent, you must file within 60 days of the marriage. In cases of fraud, force, or incapacity, you have up to two years from the date of the marriage to file for annulment.

How can I initiate an annulment in Virginia?

To commence an annulment process in Virginia, you need to submit a petition to the circuit court in the county or city where either you or your spouse resides. It is crucial to provide compelling legal evidence, such as witness statements or supporting documents, to demonstrate that your marriage aligns with one of the recognized grounds for annulment.

Should I retain an attorney for assistance with annulment in Virginia?

While not an absolute requirement, it is highly advisable to seek guidance from an experienced family law attorney in Virginia before embarking on the annulment process. Annulment is a complex legal procedure, demanding specific legal evidence and court orders. An attorney can provide invaluable assistance in navigating the annulment process, ensuring your rights are protected throughout.

Conclusion

In Virginia, annulment serves as a lawful means to invalidate a marriage. Distinct from divorce, annulment treats the marriage as if it never occurred. Virginia establishes stringent legal prerequisites for annulment, necessitating proof of one of the five recognized grounds. Due to the intricacy of the process, it is prudent to engage a seasoned family law attorney to guide you through the annulment proceedings and safeguard your legal rights.