How can I get an annulment in Virginia?

A marriage annulment is the process of having a marriage declared invalid. An annulment in Virginia can take happen because of two different circumstances: One is if a marriage was never valid to begin with, and the other if the marriage can be declared invalid after the fact.

Types of invalid marriages in Virginia

A marriage can be considered void ab initio (or invalid from the beginning) under the following circumstances:

• Incestuous marriages (parent-child, grandparent-grandchild, aunt-nephew, uncle-niece, sister-brother)
• Underage marriages (16-year-olds can marry, but must have parental permission younger than 18)
• Marriage while one party is still married to someone else
• Homosexual marriage

A marriage can be considered a voidable marriage under these circumstances:

• Marriage under duress
• Marriage under fraudulent circumstances (undisclosed prostitution or felony history, marriage to gain Green Card, pregnancy by wife by another man without knowledge of husband)
• Physical or mental incompetence by one or both parties

How to petition for annulment

First, gather all supporting documents for the annulment, including marriage certificate and birth certificates of both parties. Then go to the clerk of the court’s office to fill out a VS-4 form, which is required for all divorces. Taxes and fees for filing this form varies from each location. Then schedule a hearing with the clerk’s office, and a case can go to court if the annulment is contested.

Seek legal advice

The annulment process can involve going to court. Contact an attorney, even if you think it’s an obvious invalid marriage, to help protect your rights.