You can annul a marriage in Virginia only if the marriage was legally invalid from the start or if specific conditions existed at the time of the ceremony. Unlike divorce, which ends a valid marriage, annulment treats the marriage as though it never legally happened. Virginia has clear rules on when a marriage is void or voidable, and the spouse requesting the annulment must prove that one of these conditions applies.
What Annulment Means Under Virginia Law
Annulment is different from divorce because it declares that the marriage never met the legal requirements to begin with. The court issues a decree that erases the legal status of the marriage, which can affect property rights, spousal support, and each party’s future plans. Because annulment is only available in limited circumstances, the court will look closely at the facts that existed at the time the marriage was formed.
Void Marriages in Virginia
Some marriages are considered void from the outset under Virginia law. These marriages never had legal effect, even if the spouses lived together as a married couple. A marriage in Virginia is void if:
- One spouse was already married to someone else.
- The spouses are close blood relatives, such as ancestors and descendants, siblings, or certain aunt–nephew or uncle–niece relationships.
- One person lacked the capacity to consent due to mental incapacity or illness.
- One or both parties were under 18 and not legally emancipated.
Bigamy is automatically void, and no divorce or court filing is required to invalidate it. Even with a void marriage, however, formal court action is often helpful for clarifying legal rights and avoiding future disputes.
Voidable Marriages in Virginia
A voidable marriage is legally valid unless and until a court annuls it. These cases turn on facts that existed at the time of the marriage but were not known, understood, or disclosed. A marriage may be voidable if:
- The couple did not obtain a proper marriage license, or the ceremony was performed by someone not authorized to solemnize marriages.
- One spouse was naturally or incurably impotent at the time of the marriage.
- One spouse had a felony conviction that the other did not know about.
- The wife was pregnant with someone else’s child without the husband’s knowledge.
- The husband fathered a child with someone else within ten months of the marriage.
- One spouse had engaged in prostitution before the marriage and the other spouse did not know.
Fraud, misrepresentation, or duress before the ceremony can also support an annulment request, but the court will look carefully at what each spouse knew and how they behaved after learning the truth.
When Annulment Is No Longer an Option
Even if one of the voidable conditions applies, annulment is not available if the spouses continued to live together after the truth was discovered. Cohabitation signals acceptance of the marriage despite the underlying issue.
Additionally, Virginia will not grant an annulment if the couple has been married for at least two years before filing the request. In these situations, divorce is the only legal path to end the marriage.
How to Start an Annulment Case in Virginia
Annulment cases are filed in the Circuit Court for the city or county where the spouses last lived together. The spouse seeking annulment must present evidence supporting the void or voidable condition. This can include documents, witness statements, medical information, or proof of a prior marriage. The court will review the facts and decide whether the legal requirements for annulment are met.
Because annulment affects property rights and future obligations, the court may still address issues like custody or support for children, even though the marriage itself is declared invalid.
Why Some People Choose Annulment Instead of Divorce
People consider annulment for a variety of reasons, including concerns about religious beliefs, financial implications, or the desire to avoid a legal record of marriage. Annulment can offer a sense of closure when the marriage never met the legal standards required for validity. However, because annulment is more complicated to qualify for, many spouses ultimately pursue divorce when the facts do not meet Virginia’s criteria.
Talk With a Family Law Attorney About Your Options
If you are considering annulment, it helps to understand how Virginia courts evaluate these cases and what evidence is needed. The family law team at Surovell Isaacs & Levy will help you understand whether annulment or divorce is the right approach for your situation and guide you through the process with care. Contact us to schedule a consultation and discuss your options.
Posted in: Family Law