Fairfax County Marriage Annulment Lawyer — Is Your Marriage Void or Voidable?
A marriage annulment legally declares a marriage void from its start, unlike a divorce which ends a valid union. In Fairfax County, grounds for annulment are strict and defined by Virginia statute. If you need to file a marriage annulment petition, a skilled marriage annulment lawyer Fairfax County from Law Offices Of SRIS, P.C. can assess your case.
Last verified: April 2026 | Fairfax County Circuit Court | Virginia General Assembly
An annulment is a legal decree that a marriage was never legally valid. Virginia law distinguishes between void marriages (invalid from the outset) and voidable marriages (valid until annulled by a court). The process is handled in the Fairfax County Circuit Court, the same court that oversees divorces. Understanding the precise legal grounds is the first critical step, which is why consulting with a marriage annulment lawyer Fairfax County is essential.
The statutory basis for annulments in Virginia is found in the state code. A void marriage lawyer Fairfax County can explain how these laws apply to your specific situation.
Virginia Annulment Law and Grounds
Virginia law provides specific, limited grounds for annulling a marriage. These are categorized as either void (*ab initio*) or voidable.
Void Marriages (Va. Code § 20-43.1): These are considered never to have existed. Grounds include:
- Bigamy (one party was already legally married).
- Incest (marriage between certain close relatives).
- Marriage where a party lacks the mental capacity to consent.
Voidable Marriages: These are considered valid until annulled by a court. Grounds include (Va. Code § 20-89.1):
- Underage marriage without proper consent.
- Impotence at the time of marriage.
- Fraud, duress, or coercion inducing the marriage.
- A marriage entered into as a jest or dare.
You can review the official Virginia code on void marriages (Va. Code § 20-43.1) and the Fairfax County Circuit Court website for procedural information.
- Consult with an Attorney: Determine if you have valid grounds for an annulment under Virginia law.
- File a Complaint: Your attorney will file a formal complaint for annulment with the Fairfax County Circuit Court clerk.
- Serve the Other Party: The complaint must be legally served on your spouse.
- Present Evidence: At a hearing, you must present evidence proving the grounds for annulment.
- Court Decree: If the judge is convinced, they will enter a decree of annulment.
- Address Ancillary Issues: The court may decide on property division, support, or child custody if applicable.
What an Annulment Means for You
An annulment legally erases the marriage, returning both parties to the status of single persons. However, the court retains authority to resolve issues that arose from the relationship.
| Issue | How It’s Handled in Annulment |
|---|---|
| Property Division | Property is not divided as “marital property.” The court determines equitable ownership based on title, contribution, and agreement. |
| Spousal Support | Generally not awarded, as no legal marriage existed. Exception: support may be ordered for a party who entered the marriage in good faith. |
| Child Custody & Support | Children born of an annulled marriage are still considered legitimate. The court establishes custody and support under the same standards as divorce. |
| Name Change | A party may petition the court to resume their former name. |
Results may vary. Prior results do not guarantee a similar outcome.
Firm Experience in Fairfax Family Law
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to complex family law matters. Mr. Sris, our managing attorney, personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep involvement in the development of state family law. While annulment is distinct from divorce, this legislative experience informs our understanding of Virginia’s legal system.
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 Fairfax County
Our firm has a documented record of 1,789 case results across all practice areas in Fairfax County, with a 97% favorable outcome rate. While each annulment case is unique, our attorneys draw on extensive litigation experience in the Fairfax County Circuit Court. For example, Mr. Sris provides strategic oversight on complex legal issues, ensuring a full approach to your marriage annulment petition.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Our Fairfax location is centrally located to serve clients at the Fairfax County Circuit Court. We represent individuals from Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. If you need a marriage annulment lawyer near Fairfax County, contact us for a consultation.
Fairfax County Annulment Lawyer FAQs
What is the difference between an annulment and a divorce in Virginia?
A divorce ends a legally valid marriage. An annulment is a legal declaration that a valid marriage never existed due to specific statutory grounds like bigamy, fraud, or incapacity.
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 underage marriage, you must file before the minor turns 18. A void marriage lawyer Fairfax County can advise on specific deadlines.
Can I get an annulment if my spouse lied to me?
Possibly, if the lie constitutes fraud under Virginia law. The fraud must be material—meaning it goes to the essence of the marriage—and you must have relied on it when consenting to marry. Proving this requires strong evidence.
What happens to our property if our marriage is annulled?
Virginia’s equitable distribution laws for marital property do not apply. Instead, the court will determine ownership based on who holds title, who paid for items, and any agreements between the parties. This process can be complex.
Do I need a lawyer to file a marriage annulment petition in Fairfax County?
Yes. Annulment law is complex with strict pleading and proof requirements. The Fairfax County Circuit Court process is formal. An experienced marriage annulment petition lawyer Fairfax County can properly file the complaint, gather evidence, and advocate for you in court.
For more information, see our pages on Virginia Family Law or related services like Fairfax Criminal Defense.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.