Annulment Lawyer Virginia Beach — Is Your Marriage Void or Voidable?
An annulment in Virginia Beach legally declares a marriage void from its start, unlike a divorce which ends a valid marriage. Grounds include bigamy, incest, underage marriage without consent, or lack of mental capacity under Va. Code § 20-45.1. Law Offices Of SRIS, P.C. provides focused legal guidance for your marriage annulment petition in Virginia Beach.
Virginia Annulment Law and Grounds
Virginia law provides specific, narrow grounds for annulment, which treats the marriage as if it never legally existed. The statute governing annulments is Va. Code § 20-45.1. A marriage can be either void (invalid from the beginning) or voidable (valid until annulled by a court).
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm brings deep knowledge of Virginia family statutes to every case.
Official Legal Resources
For the full text of Virginia’s marriage and annulment laws, refer to the official Virginia Code Title 20, Chapter 2. All annulment petitions for Virginia Beach residents are filed with the Virginia Beach Circuit Court.
The Annulment Process in Virginia Beach Court
Successfully handling an annulment requires precise adherence to procedural rules and compelling evidence presentation. Virginia Beach Circuit Court judges scrutinize annulment petitions closely, as they are less common than divorces. The key local procedural fact is that Virginia Beach Circuit Court handles all annulment matters, and the petitioner must provide clear and convincing evidence that one of the statutory grounds exists. For a void marriage lawyer Virginia Beach, proving the marriage was never legally valid is the central task.
- Consult with an Attorney: Determine if you have valid grounds for an annulment under Virginia law.
- Gather Evidence: Collect all necessary documents, such as marriage certificates, proof of a prior existing marriage, or medical records regarding capacity.
- File the Petition: Your attorney will prepare and file the annulment petition with the Virginia Beach Circuit Court clerk.
- Serve the Other Party: Ensure your spouse is legally served with the petition and a summons.
- Attend the Hearing: Present your case and evidence before a judge at the courthouse on 2425 Nimmo Parkway.
- Obtain the Decree: If granted, the court will issue a decree of annulment, legally dissolving the marriage.
Grounds for Annulment in Virginia
In Virginia Beach, an annulment is only available for specific statutory reasons, such as bigamy or underage marriage without consent.
| Grounds | Type | Key Requirement | Time Limit |
|---|---|---|---|
| Bigamy (One spouse already married) | Void | Proof of prior existing marriage | None |
| Incest | Void | Parties are close blood relatives | None |
| Underage (Under 18 without consent) | Voidable | Marriage occurred before legal age | Before underage party turns 18 |
| Lack of Mental Capacity | Voidable | Inability to understand marriage contract | Upon regaining capacity |
| Fraud, Force, or Coercion | Voidable | Proof marriage was entered under duress | Within a reasonable time |
| Physical Incapacity | Voidable | Inability to consummate the marriage | Within one year of discovery |
Results may vary. Prior results do not guarantee a similar outcome.
Legal Authority in Virginia Beach Family Law
Law Offices Of SRIS, P.C. was founded in 1997. Our firm’s combined legal experience exceeds 120 years, with a record of 4,739+ case results and a 93%+ favorable outcome rate firm-wide. Our tagline, “Advocacy Without Borders,” reflects our commitment. In Virginia family law, Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep legislative influence.
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 and Client Focus
In Virginia Beach, our firm has 8 total documented case results across all practice areas with a 100% favorable outcome rate. Results may vary. Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting and information systems, provides strategic oversight on complex cases. His unique skill set is particularly valuable in annulment cases involving financial fraud or complex asset issues.
Contact Our Virginia Beach Annulment Lawyers
Our Richmond location serves clients at Virginia Beach courts. We are accessible via I-264, I-64, and Route 44. We are your local annulment lawyer near Virginia Beach Oceanfront and Town Center, serving Virginia Beach, Sandbridge, and Oceana.
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, United States
By appointment only.
Annulment Lawyer Virginia Beach FAQ
What is the difference between an annulment and a divorce in Virginia?
An annulment legally declares a marriage void or voidable, meaning it never legally existed. A divorce dissolves a valid marriage. Grounds are specific and limited, such as bigamy or underage marriage without consent.
How long does an annulment take in Virginia Beach?
It depends on the case complexity, court schedule, and whether it is contested. An uncontested annulment with clear evidence can be resolved in a few months. A contested case requiring a full hearing can take significantly longer.
Can I get an annulment if my spouse lied to me?
Possibly, if the fraud goes to the essence of the marriage contract. Virginia law allows annulment for fraud that would have prevented a party from entering the marriage had they known the truth. Proving this in court requires strong evidence.
What happens to property and children after an annulment?
Since an annulment treats the marriage as invalid, equitable distribution laws do not apply. However, a court can still issue orders for child custody, support, and the division of jointly held property based on principles of equity and contract law.
Do I need a lawyer for a marriage annulment petition in Virginia Beach?
Yes. The legal standards are high and the process is procedural. An experienced annulment lawyer Virginia Beach can gather necessary evidence, file correct paperwork, and advocate for you in Virginia Beach Circuit Court to achieve the decree.
For more information, see our Virginia Family Law hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. For other legal needs in Virginia Beach, consider our criminal defense or DUI defense services.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.