Virginia Annulment Lawyer  

While the annulment of a marriage can be a stressful event, know that you do not have to face it alone. A professional Virginia annulment lawyer can guide you through the process and help determine whether your situation qualifies for an annulment. Read on to learn more about the differences between annulment and divorce, as well as how a qualified Virginia divorce attorney can make a difference in your case.

Legal Basis for Annulment

There are several circumstances under which an individual can qualify for an annulment. For example, if there was duress or fraud involved in deciding to get married, an individual could annul the marriage that resulted from that situation. Duress can be physical or emotional and requires an individual to show that they did not have the free will to consent to the marriage. Another foundation for annulment could be if the marriage was not properly licensed or solemnized. Know that a Virginia annulment lawyer can help provide more insight into the legal basis for an annulment after setting up an initial consultation.

Types of Invalid Marriages

There are certain types of marriages that are not allowed under Virginia law, and therefore can be annulled. This includes marriages where there was incest or when one party was still married to another person. These marriages are already void so they have no legal effect at all, but an individual can ask for an annulment to clearly end the marriage with assistance from a Virginia annulment lawyer.

Marriages, where there was no capacity for one of the individuals to consent, are also eligible for an annulment. Capacity to consent could be missing because of a mental impairment or illness. If either of the spouses was under the age of 18 and was not emancipated by their family, then the marriage can be annulled for incapacity as well. Only the individual that did not have the capacity for consent can apply for an annulment.

Withheld Information

If at the time of the marriage the wife was pregnant with another individual’s child and the husband did not know, the husband may ask for an annulment. Similarly, if the husband had impregnated another woman who had his child within 10 months of the marriage without the wife’s knowledge, that is also grounds for an annulment. These are examples of how withheld information can constitute an annulment. Other withheld information that could merit an annulment include the following situations:

  • If either of the parties was impotent before or at the time of the marriage.
  • If one individual had been convicted of a felony.
  • If either party was a prostitute before the marriage.

However, if the individual continues living with their spouse after they found out the information that would allow the marriage to be annulled, they cannot use that as a reason for annulment. If the individual remains in the marriage for two years after discovering this withheld information, they cannot apply for an annulment. Know that these time-based restrictions do not apply to void marriages involving incest or bigamy.

The Role of an Experienced Virginia Annulment Lawyer

By speaking to a Virginia annulment lawyer, you can ensure that you apply for an annulment within the correct time requirements. You do not want to realize you may have been eligible for annulment only to have delayed too long to receive one. Additionally, a Virginia annulment lawyer can help you determine if your circumstances fall into any of the categories that form a basis for an annulment. If you require legal assistance in attaining your annulment, reach out to a skilled Virginia annulment lawyer today to set up your initial consultation.