Marriage annulment in Virginia is governed by Va. Code § 20-89.1, which defines void and voidable marriages. Law Offices Of SRIS, P.C. has extensive family law experience across Virginia, including annulment proceedings. A marriage annulment lawyer Virginia can help you determine whether your marriage qualifies for annulment based on grounds such as fraud, duress, bigamy, incest, or mental incapacity.
Marriage Annulment Lawyer Virginia
Under Virginia law, a marriage annulment is a legal proceeding that declares a marriage void or voidable, treating it as if it never legally existed. Va. Code § 20-89.1 governs annulment grounds in Virginia. A void marriage, such as one involving bigamy or incest, is invalid from the start and does not require a court order to be treated as void. A voidable marriage, such as one entered into through fraud or duress, is valid until a court issues an annulment decree. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience to help clients handle annulment proceedings in Virginia Circuit Courts.
Last verified: April 2026 | Virginia Circuit Court | Virginia General Assembly — official site
For the full text of Virginia’s annulment statute, see Va. Code § 20-89.1 (Virginia General Assembly — official site). For divorce grounds and separation requirements, see Va. Code § 20-91 (Virginia General Assembly — official site).
In Virginia Circuit Courts, judges scrutinize annulment petitions carefully because annulment retroactively erases the marriage. We have observed that courts require clear and convincing evidence of the grounds alleged. A marriage annulment petition lawyer Virginia must present compelling documentation to meet this burden.
- Consult with a marriage annulment lawyer Virginia to evaluate your case.
- Identify and gather evidence supporting annulment grounds such as fraud, duress, or bigamy.
- File the annulment petition in the correct Virginia Circuit Court.
- Serve the other party with the petition and supporting documents.
- Attend the court hearing and present your evidence.
- Obtain the annulment decree if the court finds grounds exist.
In Virginia, marriage annulment is a civil proceeding with no criminal penalties, but the court may award attorney fees and costs if the petition is found to be frivolous.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Frivolous Annulment Petition | Civil Sanction | None | Up to $500 (attorney fees) | None | Court may dismiss case; potential sanctions for bad faith filing |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. The firm handles marriage annulment cases throughout Virginia, providing clients with experienced representation in Circuit Courts across the state.
Law Offices Of SRIS, P.C. has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, with a favorable-outcome rate above 93%. While specific annulment case results vary, the firm’s extensive family law experience includes handling complex marriage dissolution matters throughout Virginia. Results may vary.
Our location in Fairfax is approximately 1.5 miles from the Fairfax County Circuit Court, with access via I-66 and Route 50. We serve as a marriage annulment lawyer near Virginia clients statewide. Serving the communities of Fairfax, Arlington, Reston, Herndon, McLean, Vienna, Tysons, Centreville, Chantilly, Burke, Springfield, Annandale, Falls Church, Manassas, Woodbridge, Leesburg, Ashburn, Warrenton, Stafford, Fredericksburg, and all Virginia communities. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court, Fairfax, VA 22032
(703) 636-5417 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Marriage Annulment in Virginia
What is the difference between annulment and divorce in Virginia?
Annulment declares a marriage void or voidable under Va. Code § 20-89.1, as if it never legally existed. Divorce ends a valid marriage. Annulment grounds include fraud, duress, bigamy, incest, or mental incapacity at the time of marriage. Divorce requires separation or fault grounds under Va. Code § 20-91.
How does a marriage annulment petition lawyer Virginia help with filing?
A marriage annulment petition lawyer Virginia assists with drafting and filing the annulment petition in the appropriate Virginia Circuit Court, gathering evidence of grounds under Va. Code § 20-89.1, and representing you at hearings. The process requires proving the marriage is void or voidable.
What are the grounds for a void marriage in Virginia?
A void marriage lawyer Virginia can explain that a void marriage under Va. Code § 20-89.1 includes bigamy, incest between certain relatives, or a marriage where one party was already married. A void marriage is invalid from the start and does not require a court order to be treated as void.
How long does an annulment take in Virginia?
An uncontested annulment in Virginia can take 2-4 months from filing to final decree. Contested annulments may take 6-12 months or longer, depending on the complexity of the grounds and whether a hearing is required. The Virginia Circuit Court handles all annulment proceedings.
Can I get an annulment instead of a divorce in Virginia?
It depends on whether you can prove grounds under Va. Code § 20-89.1. Annulment is available only for specific reasons such as fraud, duress, mental incapacity, bigamy, or incest. If no annulment grounds exist, divorce under Va. Code § 20-91 is the appropriate remedy. A marriage annulment lawyer Virginia can evaluate your situation.
For more information about family law matters in Virginia, visit our Divorce Decree Enforcement Lawyer Virginia page. You may also find our High Net Worth Divorce Lawyer Fluvanna County and Business Valuation Divorce Lawyer Augusta County pages useful.
Last updated: 2026-04-29