Legal Question in Family Law in Virginia

Re: question concerning getting a marriage annulled

Section 20-89.1 of the Code of Virginia imposes a two-year time limit on some, but not all annulments.

Generally speaking, it is difficult to get an annulment in Virginia because the grounds are very limited and specific. I hope that the statute provided above will help you get started. As always, I recommend that you seek the advice of an attorney. The Virginia Lawyers Referral Service can provide you with a referral to a family law attorney who will give you an initial one-half hour consultation for a maximum fee of $35.

Please Note:

The answer to the question above does not constitute the establishment of an attorney-client relationship. The information provided is general in nature, and is not intended to, nor is there any representation that it does, meet your legal needs. You are not being advised to take or not to take any action pursuant to this general information. You are strongly encouraged to obtain the services of legal counsel to pursue any legal rights and remedies you may have.

Re: question concerning getting a marriage annulled

Either party may institute a suit for annulment on grounds of fraud, duress, insufficient age, bigamy, defective licensing or solemnization, violation of kinship marriage prohibitions, or lack of capacity to consent to marriage because of mental incapacity or infirmity.

An aggrieved party may also bring a suit for annulment if: 1) the other party suffers from natural or incurable impotency of body existing at the time of entering the marriage contract; 2) prior to the marriage, one party, without the knowledge of the other other, was convicted of a felony; 3) at the time of the marriage, the wife, without the knowledge of the husband, was carrying a child by some person ohter than the husband, or the husband, without knowledge of the wife, fathered a child born to a woman other than the wife within 10 months after the date of soleminization of the marriage; 4) prior to the marriage, one party had been a prostitute, without the knowledge of the other.

However, keep in mind that an annulment for a marriage alleged to be voidable for lack of capacity to consent because of mental incapacity or infirmity or by virtue of fraud or duress will not be decreed if it appears that the party applying for the annulment cohabited with the other after learning of the facts giving rise to what otherwise would have been grounds for annulment. In no event will a decree be entered if the parties were married for a period of two years prior to the institution of a suit for annulment. This is the waiting period you are likely referring to.

If you have any questions give me a call at 703-968-3974.