Overview of Virginia Annulment Due to Marital Defect

Posted on Nov 11, 2011 by Hofheimer Family Law

There are several reasons why a couple may be granted an annulment in Virginia. Under Virginia family law, a marriage may be annulled due to marital defect as well as other grounds.

What is marital defect? It’s a legal problem with the marriage that made it null and void at its inception. It means that the marriage didn’t legally happen or shouldn’t have taken place.

There are several scenarios to which this can apply:

  • if one or both partners were underage at the time of the marriage and didn’t have proper parental permission to legally marry;
  • in cases of consanguinity (the partners are close relatives) which applies whether or not they knew they were related at the time of marriage; and
  • if one of the spouses was married before and never legally got divorced from him or her.

If your marriage falls into one of these categories, you’re likely eligible for an annulment; however, you should seek the advice of an attorney. Even if a marriage was considered invalid from the start, it’s still a good idea to have legal counsel on your side to help you separate your life from that of your ex-partner. This is especially true if you have children or own joint property. A Virginia family law attorney can get you on the road to recovering from your annulment and getting on with your life.

Contacting a Virginia Divorce Attorney

The decision to file for divorce usually comes at the end of a long and painful journey. In addition to the emotional turmoil involved, there’s also a lot of fear and uncertainty about what the future holds. Concerns about children, mortgages, and even just paying the bills or buying groceries can easily become overwhelming.

A Virginia divorce attorney at Hofheimer Family Law Firm can examine the specifics of your case to help you decide how much support to ask for, what child custody arrangement will work best for you and your children, and how to fairly divide your marital assets
. Request a FREE copy of our divorce book for women in Virginia, or reserve your seat at our monthly divorce seminar – 757-425-5200.