We have all heard about divorce – whether it took place in our family, we saw it in a movie or TV show, or even as a media spectacle between two celebrities. Annulments, on the other hand, are not as common. Annulments treat the marriage as though it never existed while divorce ends an existing valid marriage. If you think you want an annulment, the first step is to determine if you qualify.
Who is Eligible to File for an Annulment?
Every state has different requirements for a marriage to be eligible for an annulment. In Virginia, if at the time the marriage occurs any of the following are true, the marriage may be annulled:
- Bigamy – a spouse already has a husband or wife at the time of marriage.
- Incest – the spouses are related or found out they are related.
- Incompetent – one spouse mentally unable to comprehend that they were getting married or to legally consent to the marriage.
- Fraud – a spouse only agreed to marry because of the other spouse’s deception of an issue that is fundamental to the legal institution of marriage.
- Impotence – one spouse is physically unable to engage in sexual relations.
- Prostitute or Felon – one spouse didn’t tell the other they were a prostitute or convicted felon.
How Do I Obtain an Annulment?
If you are eligible for an annulment, you must file a “Complaint for Annulment” in the county circuit court where either you or your spouse lives. You will be required to have a hearing where you will need to prove the legal grounds for the annulment. In Virginia, a judge cannot order alimony or property division, including a portion of the other spouse’s retirement accounts, after an annulment like a judge can in a divorce. However, the judge can decide child custody, visitation and child support and the parties can file a petition to partition property that is jointly titled after the annulment is granted.
What Happens After an Annulment in Virginia?
After an annulment, the marriage that was once legally binding does not exist in the past or present.
The logistics of an annulment can be confusing, stressful and overwhelming, but you don’t have to do it alone. Contact Alan Plevy at abplevy@smolenplevy.com or Kyung (Kathryn) Dickerson at kndickerson@smolenplevy.com for help in this process.
About the Authors
Alan Plevy
Alan Plevy is a recognized force in family law, mediation and litigation, with more than 40 years as one of the most experienced divorce lawyers in Virginia. Mr. Plevy is known for being a tenacious litigator and negotiator who is zealously devoted to his clients. A top legal publication, Virginia Lawyer Weekly, noted Mr. Plevy’s impact on the law when it named two cases he litigated among its Top Five Landmark Family Law Cases in Virginia. Those two cases, which date back to the 1980s, are still regularly cited by attorneys and courts.
Kyung (Kathryn) Dickerson
Kyung (Kathryn) Dickerson is a principal at SmolenPlevy in Vienna, Virginia. She is a graduate of the University of Virginia and George Mason University School of Law, where she served on the Board of Editors for the Journal of International Legal Studies. Ms. Dickerson is also presently General Counsel for the Asian Pacific American Bar Association of Virginia and has served as President of the organization and on its Board of Directors. She has also served on the Board of Directors of the Virginia Women Attorneys Association and served as its President. She has served on numerous committees of the Fairfax Bar Association and as President of its Young Lawyers Section and as Co-Chair of the Revenue Development Committee.
