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When is an annulment in Virginia possible?

May 7, 2011 By HofheimerFamilyLaw

There are sometimes misconceptions concerning annulment, so if you’re seeking an annulment in Virginia, it’s best to learn the laws surrounding it in order to know whether your marriage meets the criteria.

Annulment is different from divorce. An annulment makes a marriage null and void, so essentially it’s as though the marriage never happened. In order for this to be appropriate, the marriage has to have some defect or have been entered into based on false pretenses.

For example, a marriage may have been illegal at the time it was performed because the person who performed the ceremony wasn’t properly licensed to do so. Marriages may also be illegal if the parties are close relatives, younger than the age of consent or if one of the partners is still legally married to someone else at the time.

Annulment in Virginia is also possible if the marriage occurred under fraudulent circumstances. For example, if one partner failed to disclose an important fact that would certainly have influenced the other’s decision to enter into the union (such as a prior felony conviction, prostitution career, pregnancy or child with another individual within 10 months of marriage), annulment in Virginia may be an option.

While laws surrounding annulment in Virginia differ quite a bit from those of divorce, it may still be necessary for the court to address issues of child custody, child support and possibly spousal support, as well.

Annulment in Virginia isn’t very common and is rarely granted in order to meet religious requirements.
If you have questions about annulment, you should speak with a Virginia divorce attorney.

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.

Filed Under: Divorce

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