Fairfax Annulment Attorneys

Virginia Annulment Law & Fairfax County Court Representation Since 1981

Annulments are narrowly available under Virginia law and are frequently misunderstood as a simpler alternative to divorce. The grounds are specific, the deadlines are real, and the consequences of choosing annulment over divorce can be significant. Our annulment attorneys at Wexell Milman have practiced family and domestic relations law in Fairfax County since 1981, giving us decades of focused experience evaluating whether a marriage qualifies and guiding clients through the Fairfax County Circuit Court process.

We handle annulments alongside the full range of family law matters, and our attorneys hold Martindale-Hubbell peer-review ratings. If you’re trying to determine whether your situation qualifies, the first step is a direct conversation with a family law attorney who knows this area of law and these courts.

For the skilled legal representation you need, call our firm today at (703) 454-5448 or contact us online.

What Is an Annulment?

An annulment is a legal declaration that a marriage was never valid from the start. That’s the core distinction from a divorce, which terminates a marriage that was valid. When a court grants an annulment, the parties are treated as though they were never married.

That outcome carries real legal consequences. Because the marriage is treated as nonexistent, rights that flow from a valid marriage fall away: neither party can inherit from the other under intestacy laws, and neither is entitled to spousal support. An annulment is available only when a legal defect existed at the time of the marriage itself, not simply because the parties regret the decision or the marriage failed.

Annulment vs. Divorce: What Fairfax Residents Should Weigh

Choosing between annulment and divorce isn’t just a question of which process is faster or simpler. The legal consequences differ in ways that matter financially.

Virginia courts granting an annulment generally have no authority to divide marital property or award spousal support. Equitable distribution under Va. Code § 20-107.3 and spousal support under Va. Code § 20-107.1 apply only to valid marriages ending in divorce. Because an annulled marriage is treated as never having existed, those statutes don’t apply. Annulment may also affect entitlement to derivative Social Security benefits, retirement benefits, health coverage, and joint tax-filing status that a spouse might otherwise retain through divorce.

If the marriage doesn’t meet one of Virginia’s recognized grounds, divorce is the only legal path to end it. Before any filing, an attorney can map out the financial and legal consequences of each option for your specific situation.

Legal Grounds for Annulment in Virginia

Virginia law recognizes two categories of marriages that can be annulled: void marriages and voidable marriages. The difference matters because the rules, deadlines, and defenses that apply are not the same.

Void Marriages

A void marriage is invalid from the beginning. No court order is technically required to establish its invalidity, though a formal decree is still advisable. Void marriages may be challenged at any time and aren’t subject to a filing deadline or the ratification bar discussed below. Void marriages include:

• Bigamous marriages, where one party was already legally married to another person (Va. Code § 20-43)
• Incestuous marriages between relatives prohibited under Va. Code § 20-38.1
• Marriages where either party lacked the mental capacity to consent at the time of the marriage (Va. Code § 20-45.1)
• Marriages where either party was under 18, for marriages solemnized on or after July 1, 2024 (Va. Code § 20-45.1). Virginia sets the minimum marriage age at 18 with no exceptions as of that date.
• Marriages lacking a proper license or a qualified officiant

Voidable Marriages

A voidable marriage is presumed valid until a court annuls it. Grounds for voidable marriages under Va. Code § 20-89.1 include:

• Fraud or duress inducing one party to enter the marriage
• Physical impotency existing at the time of the marriage and unknown to the other spouse
• A prior felony conviction concealed from the other spouse
• Either spouse, without the knowledge of the other, was pregnant with a child of another person at the time of the marriage
• Either spouse had conceived a child born to another person within 10 months of the marriage without the other spouse’s knowledge
• Prior prostitution concealed from the other spouse

Deadlines & Defenses That Apply to Voidable Marriages

Two rules limit voidable marriage annulments. First, the petition generally must be filed within two years of the marriage date. Once that deadline passes, annulment is no longer available and divorce becomes the only option. Second, Virginia’s ratification defense under Va. Code § 20-89.1(C) bars annulment of a voidable marriage when the injured spouse continued to cohabit with the other spouse after learning of the grounds. Continued cohabitation is treated as acceptance of the marriage.

For fraud to support an annulment, the misrepresentation must have been material: central to the decision to marry, not merely a deception about character or emotions.

How to File for an Annulment in Fairfax County

Annulment petitions in Fairfax County are filed in the Fairfax County Circuit Court. The petition must set out the legal grounds and include supporting evidence. Once filed, the other party has the opportunity to respond.

If the annulment is uncontested, the court may grant it after reviewing the petition and evidence. If it is contested, the court holds a hearing to evaluate both sides. A decree of annulment may also address related matters, including child custody and child support, but it does not authorize the same property division or support remedies available in divorce. We guide clients through the filing process and work to protect their interests at every stage.

How Much Does an Annulment Cost?

The cost depends on the complexity of the case and whether it is contested. An uncontested annulment generally involves fewer court appearances and less legal work than a contested one, which may require additional hearings and proceedings.

We offer competitive rates and work with clients to find a payment arrangement that fits their situation. We accept major credit cards. Our goal is to keep costs manageable while ensuring your case is handled thoroughly and correctly.

How Long Does an Annulment Take?

The timeline depends on whether the matter is contested and how complex the underlying facts are. An uncontested annulment typically moves through the Fairfax County Circuit Court more quickly; a contested case requiring hearings will take longer.

We work to resolve cases as efficiently as possible and keep clients informed at every stage. When delays arise, we address them directly rather than letting them extend unnecessarily.

How an Annulment Affects Children

An annulment doesn’t change either parent’s rights or obligations toward the children. Under Va. Code § 20-31.1, children born during a marriage that is later annulled are considered legitimate. The annulment has no effect on their inheritance rights or either parent’s financial obligations.

Both parents retain all parental rights after an annulment. Custody, visitation, and child support are determined by the Fairfax County Juvenile and Domestic Relations District Court, separately from the annulment proceeding, based on the best interests of the children.

How an Annulment Affects Property

Because an annulled marriage is treated as never having existed, Virginia courts generally have no authority to apply equitable distribution laws or award spousal support in an annulment proceeding. Those remedies, available under Va. Code §§ 20-107.3 and 20-107.1, apply only to valid marriages ending in divorce.

In limited circumstances, courts may address certain financial remedies or restitution, particularly when fraud was involved, but this is distinct from the broad equitable distribution framework available in divorce. The absence of property division and spousal support rights is one of the most significant practical differences between the two paths. Understanding what you may be giving up before you file is exactly why legal guidance matters here.

Why Fairfax Families Choose Wexell Milman

We have practiced family and domestic relations law in Fairfax County since 1981, over four decades focused on this area of law. That sustained local practice means our attorneys know Virginia annulment law in depth and are familiar with the Fairfax County courts where these matters are decided.

Our attorneys are Martindale-Hubbell peer-review rated, and we have earned the respect of the Northern Virginia legal community, which can be an asset in negotiations and in court. We bring thorough preparation and attention to detail to every annulment matter and stay responsive: clients receive timely answers to their questions throughout the process. When cases call for outside professionals such as forensic accountants, property appraisers, or business valuators, we work with those specialists to build as strong a record as the facts and law allow. We seek reasonable, cost-effective resolutions and work within each client’s budget.

Discuss Your Annulment Options With Our Fairfax Attorneys

If you’re weighing whether your marriage qualifies for annulment or trying to understand which path makes sense for your situation, an early conversation with an experienced annulment lawyer in Fairfax can help you avoid costly mistakes. We offer consultations by appointment, and we accept major credit cards.

To speak with our annulment attorneys at Wexell Milman, call us today at (703) 454-5448 or contact us online.