Henrico County Annulment Lawyer — Is Your Marriage Eligible for Annulment?
An annulment in Virginia legally declares a marriage void from its start, unlike a divorce which ends a valid union. Grounds include bigamy, incest, underage marriage without consent, mental incapacity, or fraud. An experienced annulment lawyer in Henrico County is essential to handle the strict procedural requirements at Henrico County Circuit Court. Law Offices Of SRIS, P.C. provides focused guidance for your marriage annulment petition.
Virginia Annulment Law and Legal Grounds
Virginia law provides specific, narrow grounds for annulment (also called a “decree of nullity”). An annulment lawyer Henrico County can assess if your situation meets the statutory criteria under the Virginia Code. The key distinction is that an annulment treats the marriage as if it never legally existed, which can affect property rights and spousal support.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
The primary statute governing annulments is Va. Code § 20-89.1 et seq. (official Virginia General Assembly). This statute outlines the void and voidable marriage distinctions. A void marriage (like bigamy or incest) is invalid regardless of a court order, while a voidable marriage (like fraud or incapacity) requires a court decree to be annulled. Understanding this difference is a critical first step that an annulment lawyer Henrico County will explain.
Key Grounds for Annulment in Virginia
Successfully filing a marriage annulment petition requires proving one of the following grounds existed at the time of the marriage ceremony:
- Bigamy: One party was already legally married to another person.
- Incest: The parties are blood relatives closer than first cousins.
- Underage Marriage: A party was under 18 and did not have required parental consent or court approval.
- Mental Incapacity: A party lacked the mental capacity to consent to marriage due to a mental condition or intoxication.
- Fraud, Duress, or Force: Consent to marry was obtained through deception, threats, or coercion.
- Physical Incapacity: A party was physically incapable of consummating the marriage and the other party was unaware.
Procedures are handled at the Henrico County Circuit Court. The burden of proof is on the party seeking the annulment. A void marriage lawyer Henrico County can gather the necessary evidence, such as marriage records, medical opinions, or witness testimony, to meet this burden.
Filing an annulment involves specific steps:
- Consultation & Case Assessment: An attorney reviews your facts against the legal grounds for annulment.
- Evidence Gathering: Collecting documents, affidavits, and other proof to support your claim.
- Filing the Complaint: Drafting and filing the formal complaint for annulment with the Henrico Circuit Court clerk.
- Service of Process: Legally serving the complaint to the other spouse.
- Court Proceedings: Attending hearings and, if necessary, a trial to present evidence.
- Final Decree: Obtaining the court’s final order of annulment.
Annulment vs. Divorce in Henrico County
In Henrico County, an annulment is a distinct legal action from divorce, with different consequences for property, support, and legitimacy of children.
| Aspect | Annulment | Divorce |
|---|---|---|
| Legal Effect | Marriage is declared void (never legally existed). | Marriage is legally terminated. |
| Grounds | Specific defects at time of marriage (fraud, incapacity, etc.). | Fault or no-fault (separation). |
| Property Division | No “marital property.” Parties keep own assets; equitable distribution may not apply. | Equitable distribution of marital property under Va. Code § 20-107.3. |
| Spousal Support | Generally not awarded, except in limited cases of need. | May be awarded based on statutory factors. |
| Children’s Status | Children born of an annulled marriage are still considered legitimate. | Children’s legitimacy is unaffected. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Henrico County 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 complex family law matters. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. Mr. Sris personally played a role in amending Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep involvement in Virginia family law. We understand the sensitive, evidence-intensive nature of annulment cases.
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
Our team has handled numerous sensitive family law matters. For instance, Mr. Sris, the firm’s founder and managing attorney, provides strategic oversight on complex cases. His background as a former prosecutor and his direct experience with legislative change in Virginia family law inform our firm’s approach to building strong, evidence-based arguments for clients seeking an annulment.
Results may vary. Prior results do not guarantee a similar outcome.
Annulment Lawyer Near Henrico County, VA
Our Richmond location serves clients in Henrico County and surrounding areas. We are accessible via I-64, I-95, and I-295, near landmarks like Short Pump Town Center and the Innsbrook Corporate Center.
Service Areas: Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, Mechanicsville (partial).
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Annulment in Henrico County: Frequently Asked Questions
What is the difference between an annulment and a divorce in Virginia?
An annulment declares the marriage legally invalid from the beginning, as if it never happened, based on specific grounds existing at the time of the wedding. A divorce legally ends a valid marriage. The financial and legal consequences of each are significantly different.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For fraud or force, you generally must file within two years of discovering the fraud or being free from duress. For underage marriage, you must file before the underage party turns 18. A void marriage lawyer Henrico County can advise on specific deadlines for your case.
Can I get an annulment if my spouse lied to me?
Yes, but only if the lie constitutes fraud on a vital matter central to the marriage contract. Simple deception or undisclosed facts may not be enough. Virginia courts require clear and convincing evidence that the fraud induced you to consent to the marriage.
What happens to our property if our marriage is annulled?
Since an annulment voids the marriage, Virginia’s equitable distribution laws for marital property typically do not apply. Generally, each party retains the property they owned. However, the court may use principles of constructive trust or unjust enrichment to divide jointly acquired assets fairly.
Do I need a lawyer to file an annulment petition in Henrico County?
While not legally required, it is highly advisable. The process is complex, the burden of proof is high, and the legal consequences are significant. An experienced annulment lawyer Henrico County can properly draft the marriage annulment petition, gather necessary evidence, and handle court procedures to protect your rights.
Internal Resources: For more information on related services, see our Virginia Family Law hub, or learn about family law in Chesterfield County. If you are facing other legal issues, consider our Henrico County criminal defense lawyers.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.