Chesapeake Annulment Lawyer — Is Your Marriage Eligible for Annulment?
An annulment in Chesapeake is a legal decree that a marriage is void from its beginning, unlike a divorce which ends a valid marriage. Grounds are strict under Virginia law, including bigamy, incest, or fraud. An experienced annulment lawyer in Chesapeake from Law Offices Of SRIS, P.C. can evaluate your case.
Last verified: April 2026 | Chesapeake Circuit Court | Virginia General Assembly
An annulment, or declaration of a void marriage, is a legal proceeding that treats the marriage as if it never legally existed. Virginia law provides specific, narrow grounds for annulment, which differ significantly from the grounds for divorce. Successfully proving these grounds requires precise legal argument and evidence presentation in Chesapeake Circuit Court. A skilled annulment lawyer in Chesapeake is essential to handle this distinct area of family law.
The statutory authority for annulments in Virginia is found in Va. Code Title 20, Chapter 6. These laws define which marriages are considered void (invalid from the start) or voidable (can be canceled by a court). Proceedings are filed in the Circuit Court where either party resides. For specific procedures and forms, refer to the Chesapeake Circuit Court website.
- Consult with a Chesapeake annulment attorney to review the facts of your marriage against Virginia’s legal grounds.
- Gather all necessary documentation, such as marriage certificates, evidence of bigamy, or proof of fraud.
- Your attorney will file a formal petition for annulment with the Chesapeake Circuit Court clerk.
- Attend any required court hearings to present evidence and testimony supporting the annulment grounds.
In Chesapeake, an annulment does not terminate a marriage but rather declares it legally invalid, with potential implications for property, debts, and the status of children born during the marriage.
| Grounds for Annulment | Legal Classification | Key Consideration |
|---|---|---|
| Bigamy (One spouse already married) | Void Marriage | Absolute ground; marriage is invalid automatically. |
| Incest (Prohibited degree of kinship) | Void Marriage | Marriage is prohibited by law. |
| Underage marriage without required consent | Voidable Marriage | Can be annulled by the underage party. |
| Mental incapacity at time of marriage | Voidable Marriage | Must be proven the person lacked understanding. |
| Fraud going to the essence of the marriage | Voidable Marriage | Must be proven the fraud induced the consent. |
| Physical incapacity (Impotence) | Voidable Marriage | Must be incurable and unknown at time of marriage. |
Results may vary. Prior results do not guarantee a similar outcome.
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to complex family law matters. Our firm-wide track 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 the evolution of state family law.
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 documented case results in Chesapeake across practice areas. In family law matters, we use a thorough understanding of state statutes and local court procedures to advocate for our clients’ objectives.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location serves clients in Chesapeake and the surrounding communities of Deep Creek, Great Bridge, and Greenbrier. We are accessible via I-64 and other major routes. If you need an annulment lawyer near Chesapeake or guidance on a void marriage in Chesapeake, contact us for a confidential case review.
Annulment Lawyer Chesapeake FAQ
What is the difference between an annulment and a divorce in Virginia?
An annulment declares a marriage legally invalid from the start (void or voidable), while a divorce dissolves a valid marriage. Grounds for annulment are specific, such as bigamy or fraud, and are distinct from no-fault or fault-based divorce grounds.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For fraud, you generally must file within two years of discovering the fraud. For underage marriage, the underage party must file before turning 18. A void marriage lawyer in Chesapeake can advise on specific deadlines for your situation.
Can I get an annulment if my spouse lied to me?
Only if the fraud goes to the essence of the marriage contract—meaning it concerns a fundamental fact that induced you to consent to the marriage, such as intent to have children or religious beliefs. Simple deceit may not be sufficient grounds.
What happens to children from an annulled marriage?
Children born during a marriage that is later annulled are still considered legitimate under Virginia law. The court will establish orders for custody, visitation, and child support just as it would in a divorce proceeding, prioritizing the child’s best interests.
Do I need a lawyer to file a marriage annulment petition in Chesapeake?
Yes. Annulment law is complex, with strict pleading and evidence standards. An experienced marriage annulment petition lawyer in Chesapeake can properly frame your case, gather necessary evidence, and advocate for you in Chesapeake Circuit Court to achieve the desired legal outcome.
For more information, see our Virginia Family Law overview. We also assist clients in nearby areas like Henrico County and with related legal needs such as Chesapeake criminal defense.
Last verified: April 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.