Alejandra Carranza | August 27, 2025 | Divorce
You may have heard that people have a short timeframe to reverse their decision to marry and get an annulment. This leads many to wonder, “How long do you have to get an annulment?” However, Virginia law does not have a limited annulment timeframe of this nature. Instead, your ability to get an annulment is based on having specific legal grounds to void your marriage.
What Is an Annulment in Virginia?
An annulment is a declaration by a judge that a marriage was a nullity from the beginning. The legal effect of a nullity is as though the marriage never existed. After an annulment, the spouses are free to remarry other people, just like they would if they had divorced.
However, legal protections afforded to married people do not apply in cases of annulment, such as dividing property or ordering spousal support.
In addition to declaring the marriage invalid, issues involving child custody, visitation, and child support can be determined as part of annulment proceedings.
What Are the Legal Grounds for a Marriage Annulment in Virginia?
Virginia law differentiates between void and voidable marriages.
Void Marriages
In a void marriage, the marriage is void from the beginning because it is against the law. Void marriages include marriages entered into when one of the spouses was already legally married to someone else or marriages between ancestors and descendants, siblings, or between an aunt or uncle and a nephew or niece.
Because these marriages are not legal, an annulment proceeding or judicial declaration is unnecessary. However, you can still bring an annulment action to seek a judicial declaration of annulment if you wish.
Voidable Marriages
Voidable marriages, on the other hand, are legally permissible, and the parties can remain in them if they want.
Grounds to seek an annulment for a void marriage include:
- Physical impotence
- Mental incompetence
- Fraud or duress
- The husband fathered a child born to another woman within ten months of the marriage
- The wife was pregnant with the child of another man when the marriage occurred
- One spouse did not know the other had been convicted of a felony or had been a prostitute
- One of the parties was underage, and the marriage occurred on or after July 1, 2016
If you did not follow the legal requirements to get married in Virginia (such as obtaining a valid marriage license and holding a solemnization ceremony, which an officiant licensed in Virginia performed), the marriage is also voidable.
How to Annul a Marriage in Virginia
To obtain an annulment in Virginia, you must follow specific steps and legal procedures, including:
- Completing a complaint for annulment in the circuit of the county where one of the spouses resides in Virginia
- Establishing legal residency and jurisdiction of the court
- Notifying your spouse of the proceedings and their time limit to respond
- Presenting evidence that your marriage is void or voidable
- Attending a hearing where you and your spouse can present evidence and your legal arguments
At the end of the hearing, if the court finds sufficient evidence for the grounds for annulment, it can issue a court order to this effect.
Contact Our Fairfax Annulment Lawyers at Chowdhury Divorce Law Group for Help Today
If you would like to learn more about whether you qualify for an annulment in Virginia, please contact an experienced divorce lawyer at Chowdhury Divorce Law Group to schedule an initial consultation today. Our law office is located in Fairfax, VA.
We proudly serve in Fairfax County and its surrounding areas:
Chowdhury Divorce Law Group
10805 Main St STE 700A
Fairfax, VA 22030
(703) 271-6519
Our firm is located near you. We have an office in Fairfax
Find us with our GeoCoordinates: 38.8497929, -77.3185772,3047
About The Author
Afsana Chowdhury is the founder of Chowdhury Divorce Law Group, where she is dedicated to protecting the rights of injury victims across Virginia. A George Mason University School of Law graduate, Afsana is licensed to practice in Virginia and has devoted her legal career to personal injury law. She focuses on helping clients, guiding them through divorce, custody disputes, and other complex family matters. With years of experience and a deep commitment to protecting her clients’ rights, she personally handles each case to ensure strong, focused representation.
Location: Fairfax, VA
