Annulment Lawyer Fairfax, VA

An annulment ends a marriage by establishing that the marriage was invalid from the start. Unlike a divorce, which dissolves an existing marriage, an annulment declares that the marriage never legally existed. If you are considering an annulment in Fairfax, Virginia, you need an attorney who understands the specific legal grounds, the procedural requirements of the Fairfax County Circuit Court or Fairfax City Circuit Court, and how annulment affects property division, custody, and support. Law Offices Of SRIS, P.C. provides experienced representation in annulment matters throughout Fairfax. Mr. Sris, Owner and Founder of the firm, and the firm’s Of Counsel attorneys work with individuals and families to pursue annulments under Virginia law. To discuss whether your marriage qualifies for an annulment, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

On This Page

What Annulment Means in Fairfax, Virginia

In Virginia, an annulment is a distinct legal proceeding governed by Va. Code § 20-89.1. The statute lists specific grounds that render a marriage void or voidable. A marriage is void from the beginning if it involved bigamy, incest, a spouse who lacked mental capacity at the time of the ceremony, or a marriage entered into under duress or fraud. A voidable marriage may be annulled after the fact if one of these conditions existed at the outset. Unlike some states, Virginia does not provide annulment on no-fault grounds or for honest mistake; the party seeking the annulment must prove one of the statutory grounds.

Annulment cases in Fairfax proceed in the Circuit Court, which has exclusive jurisdiction over divorce and annulment matters under Va. Code § 20-96. The Fairfax County Circuit Court at 4110 Chain Bridge Road and the Fairfax City Circuit Court at 10455 Armstrong Street handle these cases. At least one spouse must have been a bona fide resident and domiciliary of Virginia for six months before filing, as required by Va. Code § 20-97. Annulment can affect child custody, spousal support, and property division, so understanding how the Fairfax courts apply equitable distribution principles under Va. Code § 20-107.3 is essential. This is not a quick procedural fix — it is a contested civil proceeding that requires thorough preparation.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Annulment Cases

Law Offices Of SRIS, P.C. approaches each annulment matter with a careful evaluation of the facts and the applicable law. The process begins with a detailed consultation to determine whether the marriage fits one of the grounds in Va. Code § 20-89.1. The firm’s attorneys review evidence, including witnesses, documents, and any records of fraud, duress, or incapacity. If a valid annulment ground exists, a Complaint is filed in the appropriate Fairfax Circuit Court.

Once the case is before the court, the firm represents clients through discovery, motion practice, hearings, and, if necessary, trial. Because an annulment can impact custody, support, and property, the firm’s approach accounts for the family as a whole. Experienced advocacy in Fairfax Circuit Court involves not only proving the annulment ground but also addressing the practical consequences that follow. Mr. Sris and the firm’s Of Counsel attorneys work to protect the client’s interests at every stage. Throughout, the firm communicates clearly about timelines, evidence requirements, and what to expect in court — without making guarantees about outcomes. Every annulment case turns on its unique facts, and the firm is committed to thorough preparation.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. He is a former prosecutor and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background includes testimony before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris concentrates a significant portion of his practice on family law matters, including annulments, contested divorce, and child custody. The firm’s Of Counsel attorneys bring additional experience in family law and litigation, contributing to a multi-faceted approach for clients in Fairfax.

The firm’s Fairfax location serves individuals and families throughout the City of Fairfax, Fairfax County, and surrounding communities. By appointment only, the firm meets with clients to discuss their cases and develop strategy. To schedule a consultation, call (888) 437-7747. Mr. Sris and the firm’s Of Counsel attorneys appear regularly in Fairfax County and Fairfax City courts, handling annulment petitions with an understanding of local court procedures and the judges who oversee these cases.

Frequently Asked Questions

What are the grounds for annulment in Virginia?

Virginia law recognizes specific grounds for annulment under Va. Code § 20-89.1, including bigamy, incest, mental incapacity at the time of the marriage, duress, and fraud that goes to the essence of the marriage. A marriage is void from its inception if one of the first three grounds exists. Fraud or duress makes the marriage voidable, meaning the spouse who was defrauded or coerced must take action to annul the marriage. Importantly, Virginia does not allow annulment simply because the marriage was a mistake or because the spouses never consummated the marriage. Proving an annulment ground requires credible evidence and, often, testimony from corroborating witnesses. A lawyer can help determine whether your situation meets the legal standard.

How is an annulment different from a divorce in Fairfax?

An annulment declares the marriage invalid from the beginning, while a divorce ends a valid marriage. In Fairfax, both proceedings are filed in Circuit Court, but the legal theories are distinct. A divorce is based on grounds such as adultery, cruelty, desertion, or no-fault separation for a required period under Va. Code § 20-91. An annulment, by contrast, asserts the marriage never lawfully existed. The practical differences matter for issues such as spousal support and property division. Because an annulled marriage is treated as never having occurred, the court may not have the same authority to divide property or award support as it would in a divorce. A thorough analysis of your situation is necessary to determine whether annulment or divorce is the appropriate path.

Do I need to be a Virginia resident to file for annulment in Fairfax?

Yes, at least one spouse must have been a bona fide resident and domiciliary of Virginia for six months before filing for annulment. This requirement applies to annulment as well as divorce under Va. Code § 20-97. The residency must be genuine — a temporary or transient presence is not enough. The Fairfax Circuit Court will examine domiciliary intent at the outset of the case, and if residency cannot be established, the case may be dismissed. If you moved to Fairfax recently and have established a genuine home and intent to remain, you should keep documentation of your move, such as a lease, driver’s license, voter registration, and utility bills. An attorney can help you assess whether you meet the residency threshold before filing.

Can I get an annulment if my spouse hid a criminal past or prior marriage?

Fraud that goes to the essence of the marriage can be a ground for annulment in Virginia, but the concealment must be material and directly connected to the marriage contract. A prior undisclosed marriage that was still valid would make the later marriage bigamous and therefore void, requiring no annulment — it can be declared void at any time. Concealing a criminal record is more complex. The Virginia courts look at whether the fraud induced consent to the marriage and whether it relates to the nature of the marital relationship. Simply omitting past personal history does not automatically qualify. An experienced lawyer can evaluate whether the specific facts of the concealment meet the fraud standard under Va. Code § 20-89.1.

What should I bring to a consultation about an annulment?

Bring any documents related to the marriage and the grounds you believe support an annulment, including the marriage certificate, evidence of the spouse’s condition or conduct, witness contact information, and any relevant communications. For incapacity claims, medical records or evaluations may be relevant. For fraud or duress claims, emails, text messages, or financial records can be important. A timeline of the relationship, the marriage ceremony, and when you discovered the issue helps the attorney evaluate the case. Also bring identification and proof of Virginia residency if possible. The firm’s Fairfax location meets by appointment; call (888) 437-7747 to schedule a consultation and prepare the necessary information.

For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Learn more about family law matters in nearby Virginia localities:

Additional resources from official Virginia sources:

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.

Case results depend on a variety of factors unique to each case.