Annulment Lawyer New Kent County — Is Your Marriage Void or Voidable?
An annulment in New Kent County legally declares a marriage void from its start, unlike a divorce which ends a valid marriage. 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.
Virginia Annulment Law and Grounds
Virginia law provides specific, narrow grounds for annulment, which are distinct from divorce. An annulment legally erases the marriage as if it never existed. The relevant statutes are primarily found in Title 20, Chapter 2 of the Virginia Code. Grounds for annulment are categorized as either void marriages (invalid from the beginning) or voidable marriages (can be canceled by a court).
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Void vs. Voidable Marriages in Virginia
A void marriage is one that is legally invalid from the moment it occurs. No court order is technically needed, but one is often sought for clarity. Grounds for a void marriage include:
- Bigamy (one party was already legally married).
- Incest (parties are too closely related by blood or adoption).
- One or both parties were under the age of 16 at the time of marriage (or under 18 without required consent).
A voidable marriage is considered valid until a court annuls it. Grounds include:
- One party lacked the mental capacity to consent due to mental illness or incapacity.
- The marriage was entered into under fraud, force, or duress.
- One party was physically incapable of consummating the marriage and the other party was unaware.
Official Resources and Court Information
Understanding the legal process requires consulting official sources. The annulment petition is filed in the Circuit Court where either party resides. For New Kent County, this is the New Kent County Circuit Court. The specific procedures and required forms are governed by Virginia statutes, which can be reviewed on the official legislative website.
The Annulment Process in New Kent County Circuit Court
- Consultation with an Attorney: Determine if you have valid grounds for annulment under Virginia law.
- Filing the Complaint: Your attorney files a formal complaint for annulment with the New Kent County Circuit Court, stating the specific legal grounds.
- Service of Process: The other spouse is legally served with the complaint and a summons.
- Court Proceedings: If the annulment is uncontested, it may proceed by affidavit. If contested, a hearing or trial will be scheduled where evidence is presented.
- Court Order: The judge issues a final decree of annulment if the grounds are proven.
Potential Outcomes and Considerations
In New Kent County, an annulment can result in the marriage being declared null, with issues like property division, spousal support, and child custody still requiring court resolution under equitable principles.
It is a common misconception that an annulment automatically resolves all financial and parental issues. While the marriage is erased, the court still has authority to address:
- Property Division: The court can distribute property acquired during the “marriage” based on equitable principles, as it is considered a form of partnership.
- Spousal Support: In some cases, particularly involving fraud or where one party is financially dependent, the court may award support.
- Child Custody and Support: Children born of an annulled marriage are still considered legitimate. The court will establish custody, visitation, and child support orders under the same “best interests of the child” standard used in divorce.
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Annulment Case
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. In New Kent County, we have a documented history of handling sensitive family law cases. Mr. Sris possesses a unique background, having personally played a role in amending Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating a deep understanding of Virginia family law at the legislative level.
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 in Virginia Courts
Our attorneys have successfully represented clients in annulment and related family law proceedings across Virginia. While specific annulment results are less common than divorces, our approach to void marriage cases involves meticulous evidence gathering and legal argument. For instance, our team has experience presenting cases involving allegations of fraud or incapacity. Mr. Sris, the firm’s managing attorney, provides oversight on complex legal strategies, leveraging his prosecutorial background and legislative experience.
Results may vary. Prior results do not guarantee a similar outcome.
Annulment Lawyer Near New Kent County
Our Richmond location serves clients throughout New Kent County and Central Virginia. We are accessible via I-64 and Route 33, providing representation for those needing an annulment lawyer near the New Kent County Courthouse in New Kent. We serve the communities of New Kent, Providence Forge, and Quinton.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
By appointment only.
Annulment in New Kent County: Frequently Asked Questions
What is the difference between an annulment and a divorce in Virginia?
A divorce ends a legally valid marriage. An annulment declares the marriage void or voidable, meaning it was legally invalid from the start or can be canceled. The key distinction is the legal status of the marriage itself.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For fraud or force, you must file within two years of discovering the fraud or being free from duress. For underage marriage, it must be filed before the minor turns 18. For physical incapacity, it must be filed within one year of marriage. Other grounds may have different timelines.
Can I get an annulment if my spouse lied about wanting children?
Possibly, but it is challenging. Virginia courts may consider a fundamental misrepresentation about the intent to have children as a form of fraud that goes to the essential purpose of marriage. You would need strong evidence of the deceit and that you would not have married had you known the truth. Consulting a void marriage lawyer New Kent County is crucial for such a case.
What happens to our property if our marriage is annulled?
Even if the marriage is annulled, the court has the power to divide property acquired during the relationship under equitable principles. It is not treated as marital property per se, but rather as property of a dissolved partnership. The division is not automatic and requires court intervention.
Do I need a lawyer to file a marriage annulment petition in New Kent County?
Yes. Annulment law is complex, with strict procedural rules and high evidentiary standards. An experienced annulment lawyer New Kent County can properly draft the complaint, gather necessary evidence, and advocate for you in New Kent County Circuit Court to achieve the desired outcome.
Related Legal Services in New Kent County
If you are dealing with family legal matters, you may also need information on: New Kent County Divorce Lawyer, New Kent County Criminal Defense Lawyer, or New Kent County DUI Lawyer. For more Virginia-wide resources, visit our Virginia Family Law hub page.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.