Marriage Annulment Lawyer Lexington — How to Petition the Court
A marriage annulment in Lexington, Virginia, legally declares a marriage void from its start under specific grounds in Va. Code § 20-89.1. Unlike divorce, which ends a valid marriage, an annulment erases it as if it never legally existed. The Law Offices Of SRIS, P.C. provides experienced legal guidance for filing a marriage annulment petition in Lexington.
Last verified: April 2026 | Lexington Circuit Court | Virginia General Assembly
Virginia Annulment Law and Grounds
Virginia law provides specific, limited grounds for annulment (Va. Code § 20-89.1). These are divided into void marriages (invalid from the beginning) and voidable marriages (can be annulled by a court order). A void marriage lawyer Lexington can address situations like bigamy or incest. For a marriage to be voidable, you must prove one of the statutory grounds existed at the time of the marriage ceremony.
- Consult with a marriage annulment petition lawyer Lexington to review your situation and identify valid grounds.
- Gather all necessary evidence, such as marriage certificates, proof of bigamy, medical records, or witness statements.
- File a Complaint for Annulment with the Lexington Circuit Court clerk and pay the filing fee.
- Ensure proper service of the legal papers on your spouse according to Virginia rules.
- Attend any required hearings and present your case before the judge.
- Obtain the court’s final decree of annulment if your petition is granted.
Key Considerations for an Annulment Case
Successfully obtaining an annulment requires meeting strict legal standards. The burden of proof is on the petitioner. Time limits also apply; for example, an annulment based on impotency must typically be filed within one year of discovery. The court will also address related issues like property division, child custody, and support, treating them similarly to a divorce proceeding even though the marriage is declared void.
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
Case Results and Firm Authority
Founded in 1997 by former prosecutor Mr. Sris, our firm brings over 120 years of combined attorney experience to complex family law matters. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep involvement in state family law. We have a documented record of favorable outcomes for our clients.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C.
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Frequently Asked Questions
What is the difference between an annulment and a divorce in Virginia?
A divorce ends a legally valid marriage. An annulment declares the marriage legally void from the beginning, as if it never existed, based on specific grounds like fraud, bigamy, or incapacity defined in Virginia law.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For fraud or force, you must file within two years of discovering the fraud or being free from force. For impotency, the typical limit is one year from discovery. A void marriage lawyer Lexington can advise on situations like bigamy, which may have no time limit.
Can I get an annulment if my spouse lied about wanting children?
Potentially, yes. If one party entered the marriage based on a fraudulent representation regarding a fundamental matter like the desire for children, and the other party would not have married had they known the truth, it may constitute grounds for annulment for fraud.
What happens to property and children after an annulment?
Even though the marriage is voided, the court still has authority to decide issues of property division, child custody, and support. Virginia courts use principles of equitable distribution to divide marital property and apply the “best interests of the child” standard for custody, similar to divorce proceedings.
Do I need a lawyer to file an annulment petition in Lexington?
While not legally required, it is highly advisable. The process is complex, with strict procedural rules, evidence requirements, and short filing deadlines. A marriage annulment petition lawyer Lexington ensures your case is properly presented to the Lexington Circuit Court.
For more information, review the Virginia annulment statute (Va. Code § 20-89.1) or visit the Virginia Courts website. For related legal help, see our pages on Virginia family law or Lexington criminal defense.