Chesapeake Annulment Lawyer — Is Your Marriage Eligible for Annulment?
An annulment legally declares a marriage void from its start, unlike a divorce which ends a valid marriage. In Chesapeake, annulments are governed by strict Virginia statutes and are heard in Chesapeake Circuit Court. If you need to pursue a marriage annulment petition, consulting with an experienced annulment lawyer Chesapeake is critical. Law Offices Of SRIS, P.C.
Virginia Annulment Law and Grounds
Virginia law provides specific, limited grounds for annulling a marriage under Va. Code § 20-89.1. An annulment is not simply an alternative to divorce; it is a legal finding that a valid marriage never existed due to a defect present at the time of the ceremony.
Last verified: April 2026 | Chesapeake Circuit Court | Virginia General Assembly
Common grounds for annulment in Virginia include: one party being under the age of 18 without proper consent; a prior existing marriage (bigamy); marriage between close blood relatives; marriage procured by fraud or force; and incurable physical impotence existing at the time of marriage. The burden of proof rests with the party seeking the annulment. Mr. Sris, founder of the firm, brings deep experience in complex family law matters, including his personal work amending Virginia’s equitable distribution statute.
Official Legal Resources
For the full text of Virginia’s annulment statutes, review Va. Code § 20-89.1 (official Virginia General Assembly). For local court procedures and forms, visit the Chesapeake Circuit Court website.
The Annulment Process in Chesapeake Circuit Court
Filing for an annulment in Chesapeake involves specific procedural steps distinct from divorce. The process begins with filing a formal complaint in the Chesapeake Circuit Court, outlining the specific statutory ground for annulment and providing supporting facts. Evidence must be gathered to substantiate the claim, which can include documents, witness testimony, or experienced opinions.
- Case Evaluation: Consult with an annulment lawyer Chesapeake to assess if your situation meets Virginia’s legal grounds for annulment.
- Filing the Complaint: Your attorney drafts and files the annulment complaint with the Chesapeake Circuit Court clerk, paying the required filing fee.
- Service of Process: The other spouse must be formally served with the complaint and a summons.
- Gathering Evidence: Collect all necessary documentation, affidavits, or other proof to support your claim for annulment.
- Court Hearing: Attend a hearing where a judge will review the evidence and arguments before making a ruling.
- Final Decree: If granted, the court issues a Decree of Annulment, legally declaring the marriage void.
Why Annulment Cases Require Specialized Counsel
Annulment cases are inherently complex. The legal standard is high, and the consequences of an annulment differ significantly from divorce, particularly regarding property division (which may revert to pre-marriage ownership) and the legitimacy of children. An experienced void marriage lawyer Chesapeake can handle these intricacies, build a compelling evidential case, and advocate effectively in court to protect your rights and achieve a legally sound resolution.
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
Law Offices Of SRIS, P.C., founded in 1997, brings over 120 years of combined attorney experience to family law matters. In Chesapeake, we have documented case results across all practice areas. Our firm-wide track record includes over 4,739 case results with a favorable outcome rate exceeding 93%.
Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, the firm’s managing attorney and a former prosecutor, personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating a deep commitment to shaping and understanding family law in the state.
Annulment Lawyer Near Chesapeake
Our Richmond location serves clients with Chesapeake annulment cases at the Chesapeake Circuit Court. We represent individuals in Chesapeake, Deep Creek, Great Bridge, and Greenbrier.
Available 24/7 for phone consultations. Meetings are by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Annulment in Chesapeake, VA: Frequently Asked Questions
What is the difference between an annulment and a divorce in Virginia?
No. An annulment legally declares the marriage never validly existed, erasing it retroactively. A divorce dissolves a legally valid marriage from the date of the final decree forward.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For fraud, you must file within two years of discovering it. For underage marriage, you must file before the minor turns 18. Other grounds, like bigamy, may have no specific time limit but should be filed promptly. An annulment lawyer Chesapeake can advise on your specific timeline.
Can I get an annulment if my marriage was never consummated?
Yes, in some cases. Virginia allows annulment for incurable physical impotence existing at the time of marriage, provided it was unknown to the other party and the petition is filed promptly after discovery.
What happens to property and children after an annulment?
Property is typically divided as if the marriage never happened, reverting to pre-marriage ownership, though a court may make equitable adjustments. Children born during a marriage later annulled are still considered legitimate, and the court will establish custody and support orders just as in a divorce.
Do I need a lawyer to file a marriage annulment petition in Chesapeake?
While not legally required, it is highly advisable. The legal standards are strict, evidence must be precise, and procedural errors can lead to dismissal. A skilled void marriage lawyer Chesapeake ensures your case is presented correctly to the court.
For related legal assistance in Chesapeake, you may also consider our Chesapeake criminal defense lawyers or Chesapeake DUI attorneys. For more information on family law across Virginia, visit our Virginia family law hub page.
Page last verified and updated: April 2026. Laws and procedures change. For current guidance on annulment in Chesapeake, contact Law Offices Of SRIS, P.C. at (888) 437-7747.