Afsana Chowdury | April 3, 2025 | Family Law
Yes, it is possible to get an annulment in Virginia. However, there are very limited circumstances under which an annulment may be granted. Divorce is the only means of ending most marriages in Virginia.
There are some major differences between an annulment and a divorce. Check out all the details below to learn when a marriage may be annulled and how that differs from a traditional divorce.
What Is an Annulment?
Most people know that a divorce is the legal method used to end a valid marriage. However, an annulment is the ending of an invalid marriage. When an annulment is granted, it is as if the marriage never occurred in the first place.
For an annulment to be an option, there must be some reason that the marriage was considered invalid from the start. Additionally, the court cannot grant any economic relief as part of an annulment. This means that no property division, spousal support, or other financial issues will be addressed.
What Are The Grounds For an Annulment in Virginia?
When requesting an annulment, a spouse needs a valid legal reason why the marriage was never legitimate. To start, a couple generally cannot get an annulment if they have been married for two years or more.
Some marriages may be considered void. To terminate a void marriage, no legal process is needed at all. Void marriages were never valid to begin with. However, a voidable marriage may be terminated by an annulment.
Getting an annulment requires filing a “Complaint for Annulment” with a local court and having a hearing. The valid legal grounds for annulment in Virginia are:
- The marriage is voidable due to fraud or duress. Fraud may be present when one spouse lies about venereal disease, religious beliefs, or a pregnancy. Lying about health, wealth, age, or prior marriages are not sufficient grounds for an annulment.
- The marriage was not properly solemnized.
- One spouse was already married at the time, and the prior marriage had not ended.
- One spouse was mentally incapacitated and not capable of understanding and consenting to marriage.
- One spouse was impotent at the time of marriage and was unable to engage in sexual relations.
- The spouses were close blood relatives – closer than first cousins.
- The husband fathered a child within 10 months of the marriage with someone other than his wife.
- The wife was pregnant by someone other than her husband at the time of the marriage.
- One spouse was a convicted felon and hid that fact.
- One spouse was under the legal age to marry. In most cases, this is 18, although 16-year-olds may be legally married with consent from their parents.
- One spouse was a prostitute without the other spouse’s knowledge.
Remember that a judge must approve your request for an annulment. Even if you believe your situation meets one of the requirements above, the judge may still deny your annulment request. In that case, you will need to go through traditional divorce proceedings to end the marriage.
Key Differences Between Divorce and Annulment
A divorce ends a valid, legal marriage, while an annulment ends an invalid marriage. Annulments do not include financial relief, such as alimony, property division, or other splitting of assets and debts. On the other hand, a divorce requires splitting marital property as part of the proceedings.
If children are involved in the annulment, the court still has jurisdiction over child custody, visitation, and child support issues. During the annulment process, the court may grant orders concerning the children.
Some people choose to pursue an annulment instead of a divorce for religious reasons. An annulment treats the marriage as if it never occurred, so some religions treat it very differently than a divorce. Additionally, others choose annulments for financial reasons to avoid property division or other financial issues.
If you are contemplating an annulment or divorce, you should seek the help of an experienced Virginia family lawyer. Your lawyer can help you decide which process is right for you and your situation.
Contact The Family Law Firm of Law Office of Afsana Chowdhury, PLC in Fairfax, VA.
For more information, please contact an experienced family law attorney at Law Office of Afsana Chowdhury, PLC to schedule an initial consultation today. Our law office is located in Fairfax, VA.
We proudly serve Fairfax, VA, and its surrounding areas
Law Office of Afsana Chowdhury
10805 Main St STE 700A, Fairfax, VA 22030
(703) 271-6519
