Virginia Annulments Due to Marital Defects

Posted on Feb 1, 2010 by Hofheimer Family Law

If you are seeking an end to your Virginia marriage, but want to avoid a divorce, you may have questions about annulment and how to obtain an annulment in Virginia.

Annulment does exist in Virginia, but there are very strict rules about Virginia annulments and few couples qualify for the process

Some Virginia marriages qualify for annulment because there was a defect in the marriage itself. The “defect” means that there was some type of error in the marriage process or that the couple wasn’t qualified to legally marry.

Because a defect in marriage is the most straight-forward element in Virginia annulment, it is a good place to start when you are considering pursuing this process.

Listed below are some
examples of what would qualify as a defect in a Virginia marriage:

  • The person who officiated your wedding wasn’t legally qualified to do so.
  • There was no valid marriage license.
  • You or your spouse, or both of you, were too young at the time of the wedding to get legally married. (Check the laws pertaining to the state where you were married)
  • If there were any factors that rendered you or your spouse mentally handicapped or incapacitated at the time of your marriage.
  • Because bigamous marriages are not legal, a marriage is not legal if either person was already married at the time of the wedding. Say for instance, your estranged husband had another wife who he lived apart from, but never legally divorced.

Though those factors are rarely seen in a Virginia marriage, they do exist from time to time. A marriage that falls under any of the mentioned circumstances might be eligible for a Virginia annulment on the grounds of marital defect.

To learn more about annulment processes in Virginia and whether you qualify for a Virginia annulment read our article, How to Get an Annulment in Virginia.

The Virginia divorce attorneys at Hofheimer Family Law Firm represent Virginia women who wish to file for divorce. We are committed to fighting for your rights, assisting in child custody disputes, and ensuring that you receive everything you are entitled to and need in order to start your new life. Contact us to schedule your legal consultation today – (757) 425-5200.