Marriage Annulment Lawyer New Kent County — Is Your Marriage Void?
A marriage annulment in New Kent County legally declares a marriage void from its start, unlike a divorce which ends a valid union. Grounds include bigamy, incest, or one party being underage or mentally incapacitated. The Law Offices Of SRIS, P.C. provides experienced legal guidance for filing a marriage annulment petition in New Kent County.
Understanding Annulment Under Virginia Law
An annulment is a court order stating a marriage was never legally valid. Virginia law distinguishes between void marriages (illegal from the start) and voidable marriages (can be canceled by a court). The process is handled in the Circuit Court where the petitioner or respondent resides.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Grounds for Annulment in Virginia
Virginia Code § 20-45.1 and related statutes define specific grounds for annulment. A void marriage lawyer in New Kent County can assess if your case meets these strict legal criteria.
- Void Marriages (Absolute Grounds): These are automatically invalid. No court decree is needed, but one is often sought for clarity. Grounds include bigamy (one spouse was already married), incest (prohibited degrees of kinship), or a marriage where one party lacked the mental capacity to consent at the time.
- Voidable Marriages (Require Court Action): These are considered valid until annulled by a court. Grounds include underage marriage without proper consent, fraud, duress, or physical incapacity to consummate the marriage.
External Legal Resources
For the official text of Virginia marriage laws, refer to the Virginia Code Title 20, Chapter 2. For local court procedures, visit the New Kent County Circuit Court website.
The Annulment Process in New Kent County
Filing for an annulment involves specific steps in New Kent County Circuit Court. The process differs from divorce, as you must prove the marriage was invalid based on grounds existing at the time of the ceremony.
- Consultation: Meet with a marriage annulment lawyer New Kent County to review your situation and evidence.
- Filing the Petition: Your attorney files a “Bill of Complaint for Annulment” with the New Kent County Circuit Court clerk, stating the legal grounds.
- Service of Process: The other spouse is formally served with the petition and a summons.
- Court Proceedings: If contested, a hearing is held where you must present evidence (witnesses, documents) to prove the grounds.
- Court Order: If successful, the judge enters a Decree of Annulment, declaring the marriage null and void.
- Post-Annulment Issues: The court may also decide on related matters like property division, child custody, and support, though these are treated differently than in divorce.
Potential Outcomes and Considerations
In New Kent County, a successful annulment results in the marriage being erased legally, which can affect property rights, spousal support, and even the legitimacy of children (though Virginia law protects children’s status).
| Grounds | Type | Key Evidence Needed | Time Limit to File |
|---|---|---|---|
| Bigamy | Void | Proof of prior, undissolved marriage | None |
| Underage (without consent) | Voidable | Birth certificate, proof lack of consent | Before minor reaches 18 |
| Fraud | Voidable | Proof of intentional deception on a vital matter | Must file promptly after discovery |
| Lack of Mental Capacity | Voidable | Medical records, experienced testimony | Must file promptly |
| Physical Incapacity | Voidable | Medical testimony | Must file within one year of marriage |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Annulment Case
Founded in 1997, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. Our founder, Mr. Sris, is a former prosecutor with a deep understanding of Virginia family law. In family law matters, his personal amendment to Virginia’s equitable distribution statute (Va. Code § 20-107.3) demonstrates a unique level of legal authority and commitment to the field.
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 Experience
Our firm has a documented record of favorable outcomes across Virginia. In New Kent County, we have secured results for clients facing complex family law issues. For instance, Mr. Sris, our managing attorney, provides strategic oversight on all family law matters, leveraging his experience as a former prosecutor and his direct involvement in shaping Virginia family law.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our New Kent County Annulment Lawyers
Our Richmond location serves clients throughout New Kent County, including New Kent, Providence Forge, and Quinton. We are accessible via I-64 and Route 33.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Annulment Lawyer New Kent County FAQ
What is the difference between an annulment and a divorce in Virginia?
An annulment declares the marriage never legally existed, while a divorce ends a valid marriage. Grounds for annulment are specific and must have existed at the time of the wedding.
How long does an annulment take in New Kent County?
It depends. An uncontested annulment where both parties agree on the grounds can take 2-4 months. A contested annulment requiring a hearing can take 6-12 months or longer, depending on court scheduling and the complexity of evidence needed.
Can I get an annulment if my spouse lied to me?
Yes, but only if the fraud goes to the essence of the marriage. Virginia courts require proof of intentional deception about a vital fact (e.g., intent to have children, religious beliefs) that induced you to consent to the marriage. Simple lies may not qualify.
What happens to property and children after an annulment?
Virginia courts can divide property acquired during the “marriage” using principles of equitable distribution or resulting trust, not marital property law. Children born of an annulled marriage 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 for an annulment?
While not legally required, it is highly advisable. The grounds are narrow, the burden of proof is high, and the procedures are specific. A marriage annulment petition lawyer in New Kent County can gather necessary evidence, draft proper pleadings, and advocate for you in court.
Related Legal Services in New Kent County
If you are exploring your options, you may also need information on divorce in New Kent County or criminal defense. For all Virginia family law matters, visit our state family law hub. We also assist clients in neighboring areas like Henrico County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.