An annulment voids your marriage. Unlike a divorce which dissolves your marriage, an annulment means you were never legally married.
Grounds for Marriage Annulment in Virginia
In Virginia, your marriage can’t be annulled simply because you’ve only been married a short time. However, if you have been married for two years or less and your marriage was illegal or based on fraud, then your marriage may be annulled. Grounds for a marriage annulment in Virginia include:
- One of the spouses was under 18 and did not have parental consent to marry
- The spouses are closely related, and the marriage involves incest
- One of the spouses was legally married to someone else at the time of the marriage, and the marriage results in bigamy
- The marriage license is invalid
- The person who performed the marriage ceremony did not have the legal authority to do so
- The wife was pregnant by another man, and the husband was unaware of this at the time of the marriage
- The husband fathered a child with another woman within ten months of the marriage, and the wife was unaware of this at the time of the marriage
- One spouse was a felon or prostitute, and the other spouse was unaware of this at the time of the marriage
- The marriage was entered into due to fraud or duress
- One spouse is impotent
- One spouse was not mentally or physically competent to get married
- One spouse only agreed to the marriage because of the other spouse’s fraud or deception
If any one of these things is true and you seek to end your marriage, you may file a suit of annulment in Virginia circuit court.
Get Legal Advice Before You Get an Annulment
If your annulment is granted by a Virginia court, it is as if your marriage never happened. Before you file a Complaint for Annulment with the court, it is important to talk to a family law attorney about your legal options. In some cases, you may decide to pursue a divorce rather than an annulment, even if you legally qualify for an annulment. The decision is complicated and may have a significant impact on your future.
Contact Quest Law PLLC today by calling 804-396-3329 or through this website to schedule an initial consultation about your rights.