Marriage Annulment Lawyer Virginia Beach — What Are Your Legal Grounds?
A marriage annulment in Virginia Beach is a legal decree that a marriage is void or voidable under Va. Code § 20-89.1, unlike a divorce which ends a valid marriage. Law Offices Of SRIS, P.C. provides experienced legal guidance to determine if your situation meets the strict statutory grounds for an annulment.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
Virginia Annulment Law and Grounds
An annulment legally declares that a valid marriage never existed. Virginia law provides specific grounds for annulment, categorized as void marriages (legally invalid from the start) and voidable marriages (can be canceled by a court). The primary statute governing this area is Va. Code § 20-89.1. A void marriage lawyer Virginia Beach can advise that void marriages include bigamy (one party was already married) or marriages between close blood relatives. Voidable grounds, which require court action, include underage marriage without proper consent, impotence at the time of marriage, fraud, duress, or mental incapacity.
Official Legal Resources
For the full text of the law, review Va. Code § 20-89.1 (official Virginia General Assembly site). All annulment petitions are filed with the Virginia Beach Circuit Court.
Virginia Beach Annulment Procedures and Strategy
Filing for an annulment in Virginia Beach requires proving one of the specific statutory grounds. The process begins with filing a formal complaint in the Circuit Court. Unlike divorce, there is no waiting period based on separation. However, the evidence must be clear and convincing.
- Consult with a marriage annulment petition lawyer Virginia Beach to assess your grounds and evidence.
- Your attorney drafts and files a Complaint for Annulment with the Virginia Beach Circuit Court clerk.
- The other spouse (the defendant) must be formally served with the legal papers.
- If the defendant contests, the case may proceed to a hearing where you must prove your grounds.
- The judge issues a final decree of annulment if the evidence meets the legal standard.
In Virginia Beach, an annulment legally erases the marriage, affecting property division and spousal support differently than divorce.
| Grounds | Type | Key Consideration | Time Limit |
|---|---|---|---|
| Bigamy | Void | Prior marriage was never dissolved. | None |
| Underage (without consent) | Voidable | Party was under 18 and lacked parental/judicial consent. | Can be disaffirmed before reaching 18. |
| Impotence | Voidable | Existed at time of marriage and is incurable. | Must file within one year of marriage. |
| Fraud or Duress | Voidable | Fraud must go to the essence of the marriage. | Must file within one year of discovery. |
| Mental Incapacity | Voidable | Lacked understanding of marriage contract. | Must file within one year of marriage. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Beach Annulment Attorneys
Founded in 1997 by former prosecutor Mr. Sris, 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 favorable outcomes. 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 Experience in Virginia Beach
Our firm has 8 total documented case results across all practice areas in Virginia Beach. In family law matters, our team, including secondary attorney Mr. Sris—a former prosecutor and firm founder with a background in accounting and information systems—strategically approaches each case. We analyze the specific facts to determine the strongest legal pathway, whether that is an annulment petition or a divorce action.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Virginia Beach Annulment Lawyers
Our Richmond location serves clients with Virginia Beach family law matters. We are accessible via I-64 and I-264. Serving Virginia Beach, Sandbridge, and Oceana.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Virginia Beach 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 voidable), while a divorce legally ends a valid marriage. Property and support are treated differently.
How long do I have to file for an annulment in Virginia Beach?
It depends on the grounds. For voidable marriages based on impotence, fraud, or mental incapacity, you typically must file within one year of the marriage or one year of discovering the fraud. A marriage annulment lawyer Virginia Beach can advise on specific deadlines.
Can I get an annulment if my spouse lied to me?
Possibly, if the fraud goes to the essence of the marriage (e.g., intent to have children, religious beliefs). Mere deception about character or finances usually isn’t enough. A void marriage lawyer Virginia Beach can evaluate your case.
What happens to property and debt after an annulment?
Since an annulment voids the marriage, there is no “marital property” under equitable distribution laws. Generally, each party keeps their own assets and debts, but a court may apply principles of equitable restitution to prevent unfairness.
Do I need a lawyer to file a marriage annulment petition in Virginia Beach?
Yes. The legal standards are strict and the process is complex. A marriage annulment petition lawyer Virginia Beach ensures proper grounds are pleaded, evidence is gathered, and court procedures are followed correctly.
For more information, see our Virginia Family Law overview. We also assist with family law in Henrico County and criminal defense in Virginia Beach.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.