Annulment Lawyer Lexington — Is Your Marriage Void or Voidable?
An annulment in Lexington, Virginia, legally declares a marriage void under specific grounds in Va. Code § 20-89.1. Unlike divorce, it treats the marriage as if it never existed. Law Offices Of SRIS, P.C. provides experienced counsel for marriage annulment petitions in Lexington. Our annulment lawyer Lexington team helps determine if your situation qualifies for an annulment or if a divorce is the appropriate path.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Virginia Annulment Law and Grounds
Virginia law provides specific, limited grounds for annulment, which are distinct from divorce. An annulment lawyer Lexington can assess whether your circumstances meet the statutory requirements for a void or voidable marriage. The primary grounds are outlined in state code.
Void marriages are invalid from the start. Grounds include bigamy (one party was already legally married), incest, or if a party lacked the mental capacity to consent. A void marriage lawyer Lexington can file to have such a union declared legally null.
Voidable marriages are valid until annulled by a court. Grounds include underage marriage without proper consent, fraud, duress, impotence, or if the marriage was never consummated. Successfully proving these grounds requires precise legal argument and evidence.
- Consult with an annulment lawyer Lexington to review your marriage facts and identify potential grounds.
- Your attorney will gather necessary documentation, such as marriage certificates, evidence of fraud, or proof of a prior existing marriage.
- File a formal complaint for annulment with the Lexington Circuit Court, stating the specific legal grounds.
- Serve the complaint on your spouse, who has the right to respond and contest the petition.
- Present evidence and arguments at a court hearing. If successful, the judge will enter a decree of annulment.
Key Differences: Annulment vs. Divorce in Lexington
Understanding the distinction is crucial. A divorce dissolves a valid marriage, while an annulment declares it never legally existed. This difference has significant implications for property division, spousal support, and even how the relationship is viewed legally.
Because an annulment treats the marriage as void, Virginia’s equitable distribution laws (Va. Code § 20-107.3) do not automatically apply. Property is divided based on title and who paid for it, which can be complex. An annulment lawyer Lexington navigates these unique property issues.
Spousal support is generally not available after an annulment, as the legal duty of support between spouses is deemed never to have existed. Child support and custody, however, are still determined for any children of the union, as parentage is unaffected by the annulment.
Why Choose Our Lexington Annulment Attorneys
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. Our firm-wide track record includes 4,739+ documented case results with a 93%+ favorable outcome rate. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in shaping state family law.
Our team understands the sensitive nature of annulment cases. We provide clear guidance on whether your case meets the strict legal standards for a void or voidable marriage. We prepare thorough petitions and advocate effectively in Lexington Circuit Court.
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 Results in Lexington
While specific annulment results are confidential, our firm’s approach to intricate family law matters is demonstrated by our broader record. In Lexington, we have 14 total documented case results across all practice areas with a 100% favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on complex family law strategy is Mr. Sris, the firm’s founder and a former prosecutor who personally amended Virginia’s equitable distribution statute.
Annulment Lawyer Near Lexington, VA
Our Richmond location serves clients with Lexington family law matters. We are accessible via I-64 and I-81. We serve the Lexington community and surrounding areas.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Annulment in Lexington, VA: Frequently Asked Questions
What is the difference between an annulment and a divorce in Virginia?
A divorce ends a valid marriage. An annulment declares the marriage legally void, as if it never existed, based on specific grounds like fraud, bigamy, or incapacity at the time of the marriage.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For fraud, you must file within two years of discovering it. For underage marriage, you must file before the minor turns 18. Other grounds have different timelines, so consult an annulment lawyer Lexington promptly.
Can I get an annulment if my marriage was never consummated?
Yes. Impotence or a refusal to consummate the marriage can be grounds for a voidable marriage annulment in Virginia, provided it was not waived and you file within the statutory time limit.
What happens to property and debt after an annulment?
Virginia’s equitable distribution laws do not apply. Property is typically returned to the original owner or divided based on who holds title or made payments. This can be complex, making guidance from a void marriage lawyer Lexington essential.
Where do I file an annulment petition in Lexington?
Annulment petitions are filed in the Lexington Circuit Court, located at 2 South Main Street. The filing fee is approximately $86, plus costs for service of process.
For more information on Virginia annulment law, review the official Virginia Code § 20-89.1. For court-specific procedures, visit the Lexington General District Court website.
If you are considering a marriage annulment petition lawyer Lexington can trust, contact us. We also assist with related matters like divorce in Henrico County and Lexington criminal defense. For all Virginia family law resources, see our state family law hub.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.