Sometimes an annulment is preferable over a divorce. An annulment means that in the eyes of the law the marriage never happened. However, wanting an annulment is not enough; Virginia law only allows annulments under a specific set of circumstances. If you are interested in filing for an annulment, contact our annulment attorneys today for more information.
Virginia annulment law recognizes certain marriages as void or voidable
Virginia allows a marriage to be annulled if it is either “void” or a “voidable.” A marriage that is void can typically be annulled quickly. Virginia considers the following marital situations to be void:
- bigamous and polygamous marriages
- incestuous marriages
- underage marriages
A voidable marriage is a marriage that is presumed legally valid until it is annulled by a judicial determination. That means that in order to legally obtain your pre-marital status, and challenge the validity of the marriage, you must file for a legal annulment. The Commonwealth of Virginia only allows for annulments in very specific circumstances, where it is believed that one party was unable to make a reasonable decision to get married, or was missing a key piece of information needed to choose to enter into the marriage.
Grounds to file for a voidable marriage include:
- fraud or duress
- mental incompetence
- marriages in which the wife did not know that her husband fathered a child born to another woman within 10 months after the marriage
- marriages in which the husband did not know at the time of the marriage that his wife was pregnant with the child of another man
- marriages in which either party was unaware at the time of marriage that the other party was a convicted felon or prostitute
Garrett Law Group, PLC is a family law firm with experience in annulling voidable marriages. Contact us online or call today to begin your annulment proceedings. We serve clients in Norfolk, Virginia Beach, Chesapeake, Portsmouth, Suffolk, Newport News, Hampton, Williamsburg, and Yorktown, as well as the surrounding counties of Northampton, Isle of Wight, York, and James City.
Providing Time Sensitive Annulments for Norfolk & Virginia Beach Residents
Annulment law is complicated, and the amount of time you have to file is time sensitive. If you do not file for an annulment from your spouse within two years, your motion may be denied, forcing you to file for divorce. Likewise, your marriage may not be viewed as voidable if you continue to cohabit with the other party once you file. Our attorneys are experienced in the finer points of annulment law, will file your annulment motion immediately, and will build your case to prove the grounds you are seeking an annulment on. If you believe your marriage is voidable, do not wait. Call our office at (757) 422-4646. We are available 24-hours a day, 7 days a week.