Marriage Annulment Lawyer Manassas Park, VA
You and your spouse believed your marriage was legally valid, but you have since learned that a necessary requirement was missing—one party lacked the capacity to consent, the ceremony was not properly performed, or a legal impediment existed. In such a situation, an annulment may be the right remedy. An annulment declares that the marriage never legally existed, in contrast to a divorce, which ends a valid marriage. Mr. Sris and his Of Counsel handle annulment matters for clients in Manassas Park and throughout Virginia. To discuss whether annulment may apply to your circumstances, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
How an Annulment Differs from Divorce
An annulment is a legal ruling that a marriage was void from the beginning. A divorce, on the other hand, dissolves a marriage that was legally valid. Because an annulment means the marriage never existed, the procedures and consequences differ significantly. Annulment is available only on narrow grounds set out in Virginia Code § 20-89.1, such as bigamy, incest, mental incapacity, fraud, duress, underage marriage, or impotence. In a divorce, no such grounds are required for a no-fault separation; you must prove only the separation period. With an annulment, you must present evidence supporting the specific ground you assert.
Property division and spousal support also differ. An annulment may leave each party with the property they brought into the relationship, because there was no marital estate. Children born of an annulled marriage, however, remain legitimate, and custody and support are determined under the same best‑interests standards as in divorce. Because the standards are different and the process is fact‑specific, speaking with an experienced family law attorney is important.
What to Expect When Pursuing an Annulment in Manassas Park
Annulment cases in Manassas Park are filed in the Circuit Court, which has exclusive jurisdiction over marriage validity issues. The Manassas Park Circuit Court is located at 9311 Lee Avenue, Suite 230, Manassas, VA 20110, and serves the Thirty‑first Judicial District. Virginia law requires that at least one party be a resident and domiciliary of the Commonwealth for six months before filing (Va. Code § 20-97). The case begins when the plaintiff files a complaint stating the specific statutory ground for annulment and the facts supporting it.
After the complaint is filed, the defendant is served and has an opportunity to respond. The court may schedule a hearing. The petitioner must prove the asserted ground by a preponderance of the evidence. Because each annulment ground carries its own elements—for example, fraud requires proof of material misrepresentation that induced the marriage—the process can be more fact‑intensive than an uncontested divorce. The timeline depends on the court’s calendar and the complexity of the matter. Mr. Sris and his Of Counsel work to present the necessary evidence clearly and efficiently.
Legal Grounds for Annulment in Virginia
Virginia Code § 20-89.1 lists the specific circumstances under which a marriage may be declared void or voidable. Void marriages include those between an ancestor and descendant, between a brother and sister, and situations involving bigamy—where one spouse was already married. The statute also permits annulment when a party lacked the mental capacity to consent at the time of the ceremony, when consent was obtained by fraud or duress, when one party was underage and did not have proper consent, or when a spouse is impotent and the condition was unknown to the other party at the time of marriage. The ground asserted must have existed at the time of the marriage; later events do not provide a basis for annulment.
A court will also consider whether the party seeking annulment freely cohabited with the other spouse after learning of the ground. Under the statute, if the petitioner continued to live with the spouse after discovering the fraud or after the removal of the disability, the right to seek an annulment may be lost. Because these factual questions can be nuanced, it is advisable to review the specific situation with counsel.
Attorneys Who Handle Annulment Cases
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since 1997. A former prosecutor, he brings extensive trial experience to matters involving contested facts, which often arise in annulment cases. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He works alongside Of Counsel attorneys who contribute their own experience to each client’s representation. The team approach allows the firm to address each annulment case with thorough preparation.
Frequently Asked Questions About Annulment in Manassas Park
What is the difference between annulment and divorce?
An annulment declares that a marriage was never legally valid, while a divorce ends a valid marriage. Annulment is available only on specific grounds listed in Virginia law, such as fraud or mental incapacity. Divorce does not require proving a ground if the parties meet the separation or mutual‑consent requirements. Both proceedings resolve custody and support for children born of the relationship.
How do I know if I qualify for an annulment?
Eligibility depends on whether one of the statutorily enumerated circumstances existed at the time you entered the marriage. Common examples include a prior existing marriage, fraud that induced the marriage, or lack of capacity to consent. Because the facts are evaluated individually, discussing your situation with an attorney is the trusted way to determine whether you have a viable annulment claim.
Do I need a lawyer to get an annulment?
You are not required to have a lawyer, but the process is more involved than a simple uncontested divorce because you must prove the specific ground. Procedural requirements and evidentiary rules apply. An experienced family law attorney can evaluate the strength of your claim, gather necessary evidence, and present it effectively to the court.
What happens to property if the marriage is annulled?
Because the marriage is treated as void, the concept of marital property does not apply in the same way it does in a divorce. Each party typically retains the property they brought into the relationship. However, courts may still consider equitable principles to avoid unjust results. The outcome depends heavily on the particular facts.
How long does an annulment take?
The timeline varies by case complexity and the court’s calendar. A straightforward undefended annulment may be resolved in a matter of months, but contested matters or those requiring significant evidentiary hearings can take longer. Mr. Sris and his Of Counsel work to move each case forward efficiently while protecting the client’s interests.
Can I get an annulment if we have children?
Yes. Children born of a marriage that is later annulled remain legitimate under Virginia law. Custody and child support will be decided using the same “best interests of the child” factors that apply in a divorce. The annulment does not affect a parent’s rights or obligations toward their child.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Related family law pages: Prince William County family law · Manassas family law · Fairfax County family law
Primary sources: Virginia Code · Manassas Park General District Court · Virginia Courts
Law Offices Of SRIS, P.C.
Fairfax Location — 4008 Williamsburg Court, Fairfax, VA 22032
(888) 437-7747 | By appointment only. Call to schedule.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.