Understanding Marriage Annulment in Virginia

In Virginia, a marriage annulment occurs when a court declares a marriage null and void. This means that the marriage was conducted under circumstances that make it void from the beginning or voidable, according to the Virginia Code § 20-89.1.  

State laws also provide for conditions under which a marriage may be declared void or voidable in Virginia Code § 20-13, 20-38.1, or 20-45.1, such as duress, fraud, or incapacity of one of the parties. Individuals who may seek an annulment include persons whose spouse was already married at the time of the wedding, an individual who married a close relative, which may amount to incest, or someone who lacked mental capacity to consent to the marriage. 

Note: A void marriage is one that was never valid from the outset. In contrast, a voidable marriage record in Virginia refers to a marriage that is deemed valid until declared otherwise by a court.

Grounds for Annulment in Virginia

Annulment of marriages in Virginia occurs when the court has sufficient evidence that a marriage fails to meet the requirements for validity. This means the marriage, by nature, is either void, which means it was invalid from the start, or voidable, which means the court found it invalid according to Virginia Code § 20-45.1.

Void marriages are usually invalid due to reasons such as bigamy or polygamy, according to Virginia Code § 20-38.1. It may occur if the couple are close relatives, such as siblings or half-siblings, first cousins in some cases, or parents and children, according to § 20-38.1. One of the spouses lacking the capacity to consent to the marriage at the time it took place also makes the marriage void.

For voidable marriages, the court may annul the union based on reasons listed in Virginia Code § 20-13, § 20-38.1, § 20-45.1. These reasons include the inability to consummate or impotence, having a prior felony conviction without the other spouse’s knowledge, one of the parties expecting a child for another person at the time of the marriage, or an underage party who could not consent. Marriage annulment decrees are also given in Virginia in cases where one of the parties agreed under duress or force. If consent was secured through fraudulent means, the marriage will also be annulled by the court.

Eligibility Requirements for an Annulment in Virginia

An annulment in Virginia may be initiated when there is enough evidence to prove one or more grounds. Either spouse or party may file a suit for annulment according to Virginia Code § 20-89.1(A). The filing typically must be done by the spouse who has been a resident and domiciliary in Virginia for at least 6 months before the filing date, according to Virginia Code § 20-97.

The court may declare the marriage invalid if the filing party provides sufficient evidence of one or more of the grounds listed above. The following typically must be proven to get an annulment decree in Virginia:

• If one of the spouses was already married at the time the subsequent wedding was contracted
• If the parties are related by blood or marriage
• If one of the spouses was coerced or deceived into the marriage
• If one of the spouses was mentally incapable of consenting to the marriage at the time it was contracted
• If one of the spouses was impotent when the marriage was contracted, and unknown to the other spouse
• If it may be proven that the husband impregnated another woman or the wife got pregnant by another man at the time the marriage was contracted
• If any of the parties is younger than the minimum consent age for marriage

An annulment may be refused in Virginia if the court is satisfied that the party that filed for annulment cohabited with the other spouse after finding out about the legal defect, or the marriage lasted beyond 2 years before the case was filed, according to Virginia Code § 20-89.1(C). Aside from the jurisdiction requirement, parties typically must also consider that religious marriages have separate procedures, and these statutes typically do not apply to religious marriages.

How to Get a Marriage Annulled in Virginia

After it is confirmed that there are legal defects to address in a marriage, either party may file a petition for annulment. Here are the steps to get a marriage annulled in Virginia:

Determine the grounds for annulment.
The first step is to determine what aspects of the marriage are causing the legal defect according to Virginia Code § 20-89.1. The grounds for annulment may be bigamy, duress, fraud, impotence, underage marriage, or mental incapacity.

Gather your paperwork and fill out our petition.
The paperwork required for an annulment case refers to the petition and all relevant documents to help your case. The petition form is available and may be obtained from the court or the judiciary website. Fill out this form adequately with your and your spouse’s details, the grounds for the annulment, and other important information. You may also attach documents to show evidence of the grounds for annulment, such as birth certificates for an underage marriage or divorce records in case of bigamy.

File the petition and pay any court fees.
The Complaint for Annulment will be filed with the clerk of the Circuit Court in the relevant county. This is usually the county where at least one of the spouses resides. When filing the petition, ensure you pay the filing fees and additional fees for making copies for the relevant parties and the court.

Service of the petition and other documents
After successfully filing the petition, the petition and accompanying documents will be served on the other party to notify them. This will also help inform them of the nature of the evidence in the case. Service may be performed on the respondent in accordance with the Virginia Rules of Civil Procedure for domestic relations cases.

Respondent’s answer and the court hearing
After service of the court documents, the respondent will file an answer, which may either contest or agree to the grounds for annulment. The court schedules a preliminary hearing after the respondent’s reply, which begins the pretrial and court hearing phase. During the court hearing, the petitioner typically must prove the grounds for annulment stated in the document. The court generally cannot award alimony or address property division in annulment proceedings in the state of Virginia.

Obtain the Decree of Annulment
If there is sufficient evidence, the court will grant a decree of annulment, which declares the marriage as void. Certified copies of this decree may be obtained for legal records or to update vital records. They may also be used for making name changes or correcting details on identity documents. The decree of annulment also means the parties become single again, and all marriage benefits cease.

Required Forms and Documentation for an Annulment in Virginia

There are specific documents and forms used to facilitate annulment cases in Virginia. The first document is the Suit to Annul Marriage, which is the complaint for annulment according to Virginia Code § 20-89.1. This document may be filed by either spouse, and it typically must clearly state the legal grounds for annulling the marriage and a request for the court’s decree. After filing the suit, the court notifies the relevant parties through service. The affidavit of service is part of the documents that will prove to the court that the other party has been notified of the court’s updates.

There is also the Annulment Pretrial Order or Certificate of Setting Agreed Date Outside of Docket Call, which is available in some jurisdictions for managing the case timeline and scheduling hearings. The final order or Decree of Annulment is the court’s judgment after enough evidence is presented. These documents may be obtained from the Circuit Court, where family law cases such as marriage annulments are handled. There is also supporting documentation, such as birth certificates for underage marriages, divorce records for bigamy cases, and psychological or medical records that show mental capacity details. Some of these forms may also be obtained online through the Circuit Court Forms website.

Where to File for an Annulment in Virginia

Marriage annulment cases are filed at the Circuit Court in Virginia. This court has jurisdiction over domestic relations cases such as separations, child custody, divorces, and annulments. Either spouses may approach a Circuit Court clerk to file a Suit to annul a marriage in Virginia. The state does not use separate family courts, as all annulment cases are handled in the Supreme Court. The petition may be obtained from the Circuit Court clerk’s office in the county where you intend to file or online through the judiciary website. The petition typically must be accompanied by relevant documents to support the grounds for annulment and the reliefs sought from the court. The jurisdiction where the petition will be filed is determined by the county or city where one of the spouses resides for personal jurisdiction. The subject matter jurisdiction already lies with the Circuit Court, which has the authority to handle all domestic relations cases.

Annulment Timelines and Waiting Periods in Virginia

Annulment cases are usually faster than divorces in Virginia. However, there is no exact duration for handling annulment cases in the state. There is no mandatory waiting period before an annulment decree may be granted in Virginia, whether contested or uncontested. The court will schedule a hearing to assess the evidence as soon as the petition is filed. There are usually mandatory separation periods involved in divorce proceedings in Virginia, which are not required for annulments. This enables annulment cases to progress more quickly, with decisions being made within a few weeks. Some elements that may hasten annulment timelines include uncontested grounds for annulment, a court that is not overloaded with cases, and adequate petition documents.

Ordinarily, contested grounds for annulment mean the parties will have to prove their position, which will make the case take longer. Other delaying factors include complicated custody or property matters or delays in the service of court documents.

Costs and Court Fees for an Annulment in Virginia

A petition for annulment in Virginia is filed at a Circuit Court in a county where either or both spouses reside. When filing the petition, there are certain costs and fees that typically must be considered. The first and most important is the filing fees for the petition. The filing fee for an annulment in Virginia is $86. There are additional costs associated with serving the petition on the relevant parties after filing. Service by the Sheriff will cost $12 in Virginia. There are extra costs of copying the filings and recording fees, which are considered in the clerk fees set out in Virginia Code § 17.1-275.

Attorney fees may not be included in cases where a public defender or self-representation is used. However, attorneys may be hired for better preparation and court representation for hourly fees ranging from $275 to $500. The state offers fee waiver options for domestic relations filings to individuals who may demonstrate an inability to afford the court fees.

After the Annulment: What Happens Next?

After an annulment in Virginia, the court may either affirm or annul the marriage. If the marriage is affirmed, it becomes legally valid and recognized as such. If a decree of annulment is given, the marriage ceases to exist, and both parties cease to be spouses. Their premarital status of being single will be restored, and both parties will be allowed to marry again. There will be procedures, such as executing the necessary name changes, updating legal documents like wills or trusts, and updating vital records.

Generally, the court retains jurisdiction over issues relating to child support, visitation, and custody, while issues of property rights and division may not be addressed, especially if the assets were accumulated prior to the marriage. The court rarely awards spousal support in annulments, except in cases where it finds equitable reasons to issue a temporary order.