Annulment Lawyer Virginia Beach, VA
Imagine exchanging vows in a Virginia Beach ceremony, only to later learn your spouse concealed a prior undissolved marriage. The marriage you believed was sealed with trust now feels like a deception. In Virginia, you may have the right to seek an annulment—a legal declaration that the marriage was never valid from the start. Mr. Sris and the firm’s Of Counsel attorneys at Law Offices Of SRIS, P.C. represent individuals in Virginia Beach who need to establish that their marriage is void or voidable. If you are questioning the validity of your marriage, call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Your Legal Options: Annulment vs. Divorce in Virginia
When a marriage must be dissolved, many people first think of divorce. But an annulment is a distinct legal remedy—it treats the marriage as though it never legally existed. Under Virginia law, an annulment may be granted when certain defects were present at the time of the marriage. The applicable statute is Va. Code § 20‑89.1, which lists the grounds on which a marriage may be declared void or voidable. For example, a marriage is void from the beginning if one spouse was already married to another living person (bigamy), or if the parties are within a prohibited degree of relationship. Voidable marriages include those where one spouse lacked the mental capacity to consent, where consent was obtained through fraud or duress, or where one spouse was underage and lacked proper consent. For a full statutory breakdown, see our comprehensive analysis of Virginia annulment law.
If you believe you are in a void or voidable marriage, an annulment may allow you to end the union without the separation period required for a divorce. Mr. Sris and the firm’s Of Counsel attorneys can evaluate your situation and help you understand whether an annulment is a viable path.
What to Expect When Pursuing an Annulment in Virginia Beach
An annulment case begins with filing a complaint in the Virginia Beach Circuit Court. Virginia law requires that at least one party must have been a bona fide resident and domiciliary of the Commonwealth for six months prior to filing (Va. Code § 20‑97). The Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, has jurisdiction over annulment matters arising in the city. After the complaint is filed, the other spouse must be served with process. The court will then schedule a hearing at which evidence supporting the annulment ground must be presented. Unlike a no‑fault divorce, an annulment typically requires proof of a specific defect, such as fraud or lack of capacity. The court will issue a final decree if it finds the marriage invalid.
Because an annulment is not automatic, having experienced legal guidance is important. Mr. Sris and the firm’s Of Counsel attorneys understand how to present the necessary evidence to the court and navigate the procedural requirements of the Virginia Beach Circuit Court.
What an Annulment Means for Your Future
An annulment ends the marriage relationship and restores each person’s legal status to unmarried. However, an annulment does not eliminate all legal consequences of the relationship. Children born during a marriage that is later annulled are still considered legitimate under Virginia law. Property acquired during the marriage may still be subject to equitable distribution under Va. Code § 20‑107.3, particularly if the court finds that doing so is necessary to avoid an unjust result. The court can also address matters of spousal support and, if necessary, child custody and support. If you changed your name upon marriage, the annulment decree can restore your former name. Mr. Sris and the firm’s Of Counsel attorneys work to protect your rights in each of these areas while pursuing the annulment.
Experienced Legal Representation in Annulment Matters
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has been practicing since 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm’s Of Counsel attorneys bring extensive combined legal experience to family law matters, including annulments. Results may vary. in your case. When you work with our firm, you are not simply hiring an attorney—you are retaining a legal team that understands the nuances of Virginia annulment law and the practices of the Virginia Beach Circuit Court.
To discuss the specifics of your situation and whether an annulment may be appropriate, call (888) 437-7747. Consultations are by appointment.
Frequently Asked Questions About Annulment in Virginia Beach
What is the difference between an annulment and a divorce in Virginia?
An annulment treats the marriage as if it never legally existed, while a divorce ends a valid marriage. An annulment requires proof that a defect existed at the time of the marriage, such as fraud, duress, bigamy, or mental incapacity. A divorce, on the other hand, can be no‑fault or fault‑based but always presumes a valid marriage. The legal effects on property division and spousal support can differ, so it is important to understand which remedy fits your circumstances. Mr. Sris and the firm’s Of Counsel attorneys can explain the distinctions as they apply to your case.
What are the grounds for annulment in Virginia?
Virginia recognizes several grounds for annulment under Va. Code § 20‑89.1. Void marriages include those involving bigamy or incestuous relationships. Voidable marriages may be annulled for reasons such as fraud, duress, lack of mental capacity at the time of the ceremony, or underage marriage without proper consent. Each ground requires specific evidence. For guidance on whether your situation meets the statutory requirements, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need to have lived in Virginia to file for annulment in Virginia Beach?
Yes, at least one party must be an actual bona fide resident and domiciliary of Virginia for the six months immediately before filing the annulment suit. This requirement is set forth in Va. Code § 20‑97. The court must be satisfied that the residency requirement is met. If you recently moved to Virginia, the attorney can help you determine whether you qualify.
How does the annulment process work in Virginia Beach?
The process involves filing a complaint in the Virginia Beach Circuit Court, serving the other spouse, and presenting evidence at a hearing. The court will review the evidence of the alleged defect—such as proof of a prior marriage or testimony about fraud—and decide whether the marriage should be declared void or voidable. The timeline varies by case and court calendar. For a consultation about the steps in your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Can I get an annulment if my spouse lied about something important before the wedding?
Fraud may be a ground for annulment in Virginia if the misrepresentation goes to the essence of the marriage. For example, concealing a prior divorce, a criminal record, or an intention not to have children may qualify, depending on the circumstances. Not every lie justifies an annulment. An experienced attorney can evaluate whether the specific fraud in your case meets the legal standard under Va. Code § 20‑89.1.
What should I bring to a consultation about an annulment?
Bring any documents related to the marriage, such as the marriage certificate, any evidence of the defect (e.g., prior divorce decrees, correspondence that reveals fraud), and identification showing your Virginia residency. Also bring information about any children born during the marriage and a list of assets and debts accumulated. This helps the attorney assess your case efficiently. To schedule a consultation, call (888) 437-7747.
Explore our family law services in nearby Virginia communities:
– Fairfax County Family Law Lawyer
– Fairfax City Family Law Lawyer
– Prince William County Family Law Lawyer
– Manassas Family Law Lawyer
– Falls Church Family Law Lawyer
Additional Resources:
– Virginia Code Title 20 (Domestic Relations)
– Virginia Courts
Law Offices Of SRIS, P.C. serves clients from its Richmond Location: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. By appointment. Call (888) 437-7747.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.