How long does an annulment take in Virginia?

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Question:

How long does an annulment take in Virginia?

Answer:

Virginia has strict laws regarding annulment of marriage. In order for one to qualify for an annulment in Virginia, it is not a matter of length of the marriage, rather they need to belong to one of the following categories:

  • The parties involved in the marriage are relatives as defined by Virginia
  • Underage marriage with no parental consent as defined by Virginia
  • Bigamous marriage
  • Fraudulent marriage
  • Green Card or Sham marriage
  • Mental incapacitation
  • One of the parties is a felon and did not previously disclose
  • Nondisclosure of impotency
  • Undisclosed pregnancy to another
  • Undisclosed occupation of one as a prostitute

Once a couple qualifies, they will need to file the necessary paperwork for an annulment. One of the parties may contest the annulment, however, the judge can still grant it regardless. After the court receives the paperwork the judge has three options, he or she will decide to approve the annulment, deny the annulment or request a hearing. Usually when there are discrepancies or a contest of the annulment a hearing will be called. At the hearing both parties will provide any additional documentation or possibly need to testify before the judge regarding reasons for or against the annulment and then the judge will make a ruling. The entire process usually takes approximately 3 weeks or so. 

If you would like to file an annulment in Virginia, it is important to contact a qualified divorce attorney for legal help. An attorney will aid in determining if your circumstances qualify for an annulment and assist with filing the necessary documents. 

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