Arlington County Marriage Annulment Lawyer — What Are Your Legal Options?
An annulment in Arlington County legally declares a marriage void under Virginia law, distinct from divorce. Grounds include bigamy, incest, underage marriage without consent, or mental incapacity at the time of marriage (Va. Code § 20-89.1). As a marriage annulment lawyer Arlington County, Law Offices Of SRIS, P.C.
Last verified: April 2026 | Arlington County Circuit Court | Virginia General Assembly
Virginia Annulment Law and Grounds
Virginia law provides specific, narrow grounds for annulment, which treats the marriage as if it never legally existed. This differs from divorce, which ends a valid marriage. The primary statute is Va. Code § 20-89.1. A void marriage lawyer Arlington County can assess if your situation meets the strict legal criteria, which include a marriage that was void from the beginning (void *ab initio*) or voidable due to specific defects.
- Consult with a marriage annulment lawyer Arlington County to review your facts against Virginia’s annulment grounds.
- Gather all necessary documentation, including the marriage certificate and evidence supporting the annulment ground (e.g., proof of a prior existing marriage).
- File a “Bill of Complaint for Annulment” with the Arlington County Circuit Court Clerk’s Office and pay the filing fee.
- Ensure proper service of the legal papers on your spouse according to Virginia court rules.
- Attend any required court hearings to present evidence before the judge enters a final decree of annulment.
Grounds for Annulment vs. Divorce in Virginia
In Arlington County, an annulment requires proving the marriage was invalid from its start under specific Virginia statutes, unlike a no-fault divorce based on separation.
| Ground for Annulment | Legal Classification | Key Consideration | Statutory Reference |
|---|---|---|---|
| Bigamy (One spouse was already married) | Void *ab initio* | The prior marriage must not have been dissolved by death, divorce, or annulment. | Va. Code § 20-43 |
| Incest (Prohibited degrees of kinship) | Void *ab initio* | Includes relationships such as parent-child, brother-sister, uncle-niece, etc. | Va. Code § 20-38.1 |
| Underage marriage without required consent | Voidable | A minor aged 16 or 17 must have had consent from a parent or guardian. | Va. Code § 20-48 |
| Mental incapacity at time of marriage | Voidable | Must prove inability to understand the nature of the marriage contract. | Va. Code § 20-45.1 |
| Force, duress, or fraud | Voidable | The fraud must go to the essence of the marriage (e.g., intent not to consummate). | Case Law |
Results may vary. Prior results do not guarantee a similar outcome.
Legal Authority in Arlington County Family Law
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’s deep understanding of Virginia statutes is underscored by Mr. Sris having personally amended Virginia’s equitable distribution law, Va. Code § 20-107.3. We have a documented record of handling sensitive family cases in Northern Virginia courts.
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 in Arlington County Courts
Our attorneys have achieved favorable outcomes in Arlington County courts across various family and domestic matters. For instance, we have secured dismissals (nolle prosequi) in domestic assault cases in Arlington County Juvenile and Domestic Relations District Court. Results may vary. Prior results do not guarantee a similar outcome. With 115 total documented case results in Arlington County across all practice areas, our team is familiar with local judicial procedures. Founding attorney Mr. Sris, a former prosecutor admitted in VA, MD, DC, NJ, and NY, provides strategic oversight on complex cases.
Contact Our Arlington Marriage Annulment Lawyers
Our Arlington location serves clients in Arlington County, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. We are a short distance from the Arlington County Courthouse.
Law Offices Of SRIS, P.C.
1655 Fort Myer Dr, Suite 700, Room No. 719
Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
Marriage Annulment Lawyer Arlington County FAQ
What is the difference between an annulment and a divorce in Virginia?
An annulment declares the marriage legally invalid from the start (void), while a divorce dissolves a valid marriage. Annulment grounds are specific and limited by statute, such as bigamy or underage marriage without consent.
How long do I have to file for an annulment in Virginia?
It depends on the ground. For underage marriage, a petition must typically be filed before the minor turns 18. For fraud or force, you must file within a reasonable time after discovering the fraud or being free from duress. A lawyer can advise on specific deadlines.
Can I get an annulment if my spouse lied to me?
Only if the fraud goes to the essence of the marriage contract itself under Virginia law. General deception may not be sufficient. Courts require proof that the fraud prevented the basic understanding of the marriage, such as a false claim of wanting children.
What happens to property and children after an annulment?
Virginia courts can still decide issues of child custody, support, and property division under equitable principles even after an annulment decree. The court treats the parties as if they were married for the purpose of resolving these dependent claims.
Do I need a lawyer to file a marriage annulment petition in Arlington County?
Yes. The legal standards are strict and the process in Arlington County Circuit Court is formal. A marriage annulment petition lawyer Arlington County ensures your complaint correctly states a legal ground, handles proper service, and presents evidence effectively to the judge.
Related Practice Areas: For other legal needs in Arlington, visit our Arlington criminal defense lawyer or Arlington DUI lawyer pages. For more Virginia family law information, see our Virginia family law hub. We also serve clients in Alexandria.