Marriage Annulment Lawyer Chesapeake — How Do You Get an Annulment in Virginia?
An annulment legally declares a marriage void from its start under Virginia law. Grounds include bigamy, incest, underage marriage without consent, mental incapacity, or fraud. A marriage annulment lawyer Chesapeake from Law Offices Of SRIS, P.C. can file your petition in Chesapeake Circuit Court. We have handled annulment cases across Virginia, providing clear guidance on this complex legal process.
Last verified: April 2026 | Chesapeake Circuit Court | Virginia General Assembly
Virginia Annulment Law and Grounds
Virginia law provides specific, narrow grounds for annulment (Va. Code § 20-89.1). Unlike divorce, which ends a valid marriage, an annulment treats the marriage as if it never legally existed. To succeed, you must prove one of the statutory grounds existed at the time of the marriage ceremony. A void marriage lawyer Chesapeake can assess whether your situation meets the strict legal criteria.
The most common grounds include a prior existing marriage (bigamy), a marriage between close relatives (incest), or a party being under 18 without proper consent. Other grounds involve lack of mental capacity to consent, force or duress, or fraud related to the essentials of the marriage contract itself. Proving fraud is particularly complex, as it must go to the very essence of the marital relationship.
- Consult with a marriage annulment petition lawyer Chesapeake to review your facts and identify potential grounds.
- Gather all necessary documentation, such as marriage certificates, prior divorce decrees, or medical records.
- Your attorney will draft and file a formal Bill of Complaint for Annulment with the Chesapeake Circuit Court.
- The complaint must be legally served on your spouse, who then has time to file an answer.
- Your lawyer will guide you through any necessary discovery, negotiations, or court hearings.
- If successful, the court enters a Decree of Annulment, legally voiding the marriage.
External Legal Resources
For the official Virginia statute on annulment, see Va. Code § 20-89.1 (official Virginia General Assembly). For court forms and local procedures, visit the Chesapeake Circuit Court website.
Why Choose Our Chesapeake 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 family law matters. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep involvement in shaping state family law. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We apply this focused experience to annulment cases, ensuring your petition meets Virginia’s exacting standards.
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 Family Law
Our firm has 6 total documented case results in Chesapeake across all practice areas, with a 100% favorable outcome rate. While annulments are less common than divorces, our attorneys use their extensive family law litigation experience to handle the unique procedural and evidentiary challenges these cases present. Mr. Sris, the firm’s founder, provides oversight on complex legal strategy.
Results may vary. Prior results do not guarantee a similar outcome.
Annulment Lawyer Near Chesapeake, VA
Our Richmond location serves clients with Chesapeake family law matters. We are accessible via I-64, I-464, and Route 168. We serve clients in Chesapeake, Deep Creek, Great Bridge, and Greenbrier.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Marriage Annulment Lawyer Chesapeake FAQs
What is the difference between an annulment and a divorce in Virginia?
An annulment declares a marriage legally invalid from the beginning, as if it never happened. A divorce dissolves a legally valid marriage. Grounds for annulment are specific and limited under Va. Code § 20-89.1, such as bigamy, incest, or fraud.
How long do you have to get an annulment in Virginia?
It depends on the grounds. For fraud, you must generally file within two years of discovering the fraud. For underage marriage, you must file before the underage party turns 18. A marriage annulment lawyer Chesapeake can advise on the specific timeline for your case.
Can you get an annulment if you have children together?
Yes. An annulment can still be granted even if the couple has children. However, the court will still establish orders for child custody, visitation, and support under the same “best interests of the child” standard used in divorces. The children are considered legitimate.
What happens to property after an annulment?
Virginia’s equitable distribution laws (Va. Code § 20-107.3) do not apply to annulled marriages. Instead, property is divided based on principles of constructive trust, resulting trust, or partnership. This process can be complex, making guidance from a void marriage lawyer Chesapeake essential.
Do both parties have to agree to an annulment?
No. One party can file for an annulment even if the other spouse opposes it. The filing party (the plaintiff) must prove the grounds for annulment in court. The opposing spouse can contest the evidence, making the case contested.
For more information on related legal services, see our pages on Virginia family law, family law in Henrico County, and Chesapeake criminal defense.
Last updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.