Sevila, Saunders, Huddleston & White
Call Today For A Consultation | Toll Free: 800-239-4122
Contact Menu

Assertive Advocacy.
Quality Representation.

What is annulment in Virginia?

We are sure our readers have heard of annulling a marriage, but some of you may be unsure what the difference is between an annulment and a divorce under Virginia law, and how one might qualify for an annulment. Today, we will present a brief overview of marriage annulment.

The basic difference between divorce and annulment is, a divorce dissolves an existing marriage, and distributes marital property in an equitable manner. An annulment treats the marriage as if it never existed.

State law says that a marriage is eligible for annulment when it is “alleged to be void or voidable” for one of several permissible reasons. For example, a marriage is considered void if one of the parties to the marriage lacked capacity to consent to getting married due to mental capacity or infirmity.

Fraud and duress are also reasons that a marriage may be voidable; that is, one spouse tricked or forced the other into the marriage. However, if the spouse continued to live with the other spouse after the fraud or duress came to light, he or she may not be able to obtain an annulment on those grounds.

Other reasons given in the statute include “natural or incurable impotency of body” at the time the marriage began; a hidden felony; or one of the spouses conceiving a child with a third party within 10 months of the start of the marriage.

Whether to pursue a divorce or an annulment of your marriage depends largely on whether your marriage can be annulled, and which proceeding would best meet your needs.

No Comments

Leave a comment
Comment Information
email us for a response

Learn How We Can Help

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Sevila, Saunders, Huddleston & White
30 North King Street
Leesburg, VA 20176

Toll Free: 800-239-4122
Phone: 703-468-0432
Fax: 703-771-4161
Leesburg Law Office Map

Back to top