What is a voidable marriage in Virginia?

There are a variety of reasons a couple may wish to seek an annulment of their marriage. An annulment in Virginia may be granted in two cases. One is called void ab initio, which is Latin for “the marriage was never legally valid” and secondly, voidable marriages, which means that the marriage can be declared invalid.

Voiding Your Marriage in Virginia

If you wish to obtain an annulment in Virginia, you must prove that your marriage was invalid for the following reasons:

• Marriage between same-sex partners
• Your marriage took place while one of the partners was legally married to another person
• Incestuous marriages including those between:
  • Parent and child
  • Sister and brother
  • Grandparent and grandchild
  • Aunt and nephew
  • Uncle and niece
  • Underage marriages (legal age in Virginia is 16 with parental consent)

Voidable marriages are categorized as the following situations:

• There was either mental or physical incompetence of one or both parties
• The marriage was performed under duress
• The marriage took place under fraudulent circumstances such as:
  • The wife was pregnant at the time by someone other than her husband without his knowledge
  • Marrying for the sole purpose of obtain a Green Card
  • Failing to disclose a felony conviction of one of the partners
  • Undisclosed history that one spouse was a former prostitute
  • Either spouse is infected with a venereal disease

Couples who choose to seek an annulment or have their marriage voided must accomplish before two years has passed.

Legal Advice From a Virginia Family Law Professional

If you recently got married in Virginia and just found out something devastating about your partner, you may want to consult with a family law attorney for advice. In some cases, a judge can choose not to grant an annulment if the couple had children together.