Annulments

Annulment Attorney in Chesapeake

Navigate Annulments in Virginia With Confidence & Care

If you are exploring the possibility of an annulment in Chesapeake, working with a knowledgeable annulment attorney in Chesapeake can make all the difference. At Pettrey Law, PLC, we are dedicated to guiding you through every phase of the annulment process, from understanding Virginia’s unique annulment laws to advocating for your interests in local courts.

Attorney Kevin Pettrey and our team are committed to clear communication, customized legal strategies, and treating you with respect at each step so that you can make informed decisions about your future.

Our legal team helps you determine whether annulment is the right legal remedy, ensures all filings meet Chesapeake Family Court standards, and supports you through every stage, keeping you informed, empowered, and confident.

Schedule a consultation with our annulment attorney in Chesapeake. Call (757) 796-6996 or reach out online now—Payment plans available.

Annulment vs. Divorce: A Fundamental Difference

The primary difference between an annulment and a divorce lies in the legal status of the marriage itself. A divorce ends a marriage that was legally valid at its inception. It acknowledges the marriage's existence and then dissolves it, addressing issues like the equitable distribution of marital property, spousal support, child custody, and child support. The parties are returned to single status, but the marriage is part of their legal history.

An annulment, on the other hand, declares that the marriage never legally existed due to a fundamental legal defect or flaw. In the eyes of the law, the parties were never married, and they are returned to their pre-marital status. Because there was no legal marriage, the court cannot divide marital property or award spousal support. This is a critical distinction that an experienced Chesapeake annulment lawyer will help you understand.

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Grounds for Annulment in Virginia

Virginia law does not have a single statute that outlines all grounds for an annulment. Instead, annulments are granted based on a combination of Virginia Code sections and a body of case law that has developed over time. A judge must find that the marriage was either "void" or "voidable" from the start.

Void Marriages

A "void" marriage is one that is considered a complete legal nullity from the outset. While a court order is not legally required to invalidate a void marriage, a formal annulment judgment is often sought to clarify the legal status and avoid future complications.

Grounds for a void marriage in Virginia include:

Bigamy: One or both spouses were already legally married to another person at the time of the new marriage.
Incest: The marriage is between close relatives as prohibited by Virginia law. The degree of relationship (e.g., parent-child, sibling-sibling, aunt-nephew) is defined by law. An incestuous marriage is void from the start.
Mental Incapacity: One or both parties were permanently and completely mentally incapacitated and unable to consent to the marriage. This requires a high level of proof that the individual lacked the capacity to understand the nature of the marital contract.

If your marriage falls into one of these categories, it is very likely a void marriage. However, you still need the assistance of an annulment attorney in Chesapeake to file a petition and get a court order formally declaring the marriage void. This is often necessary for practical reasons, such as for immigration or for the purposes of a future legal marriage.

Voidable Marriages

A "voidable" marriage is one that is legally valid until one of the parties takes legal action to have it annulled. The marriage is not automatically void; it is a legal marriage that can be dissolved by a court if a specific defect is proven. This is a much more challenging path to annulment.

The grounds for a voidable marriage in Virginia, as outlined in the Code of Virginia § 20-89.1, include:

Fraud: One spouse tricked the other into the marriage by intentionally misrepresenting or concealing a crucial fact that was central to the marital union. Examples may include a spouse lying about their ability to have children, their lack of intention to live a married life, or concealing a felony conviction.
Underage Spouse: One of the parties was under 18 at the time of the marriage and did not have parental consent or court approval.
Lack of Consent: This can include duress or coercion. If one spouse was forced into the marriage against their will through threats or coercion, or was under the influence of drugs or alcohol and unable to consent, the marriage may be voidable.
Impotence: The marriage can be annulled if one spouse was naturally or incurably impotent and the other spouse was unaware of this fact before the marriage.
Felony Conviction: The marriage may be voidable if one spouse was convicted of a felony and the other spouse was not aware of this fact at the time of the marriage.
Prostitution: A marriage may be voidable if one spouse was a prostitute and the other spouse was unaware of this fact at the time of the marriage.
Concealment of Child: A marriage may be voidable if the wife was pregnant by another man at the time of the marriage and the husband was unaware, or if the husband fathered a child with another woman within 10 months after the marriage and the wife was unaware.

It is important to note that for a voidable marriage, the court may deny an annulment if the complaining spouse "ratifies" the marriage. This means that if you continue to live with your spouse and act as a married couple after you have full knowledge of the grounds for annulment, the court may find that you have essentially accepted and validated the marriage, and an annulment will be denied.

This makes a prompt legal response crucial. An annulment attorney in Chesapeake can help you understand the concept of "ratification" and its implications for your case. Additionally, a lawsuit for a voidable marriage cannot be initiated if the parties have been married for more than two years.

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The Annulment Process in Virginia

Obtaining an annulment in Virginia is not a simple administrative process; it requires a court proceeding in the Circuit Court, similar to a divorce. The process begins by filing a "Complaint for Annulment."

Our Chesapeake annulment lawyer team guides you through these steps:

Filing the Complaint: We will prepare and file a Complaint for Annulment, clearly stating the legal grounds for why the marriage should be annulled. This complaint must be drafted with precision, as the burden of proof is on the party seeking the annulment.
Service of Process: Your spouse must be legally served with the Complaint for Annulment.
Gathering Evidence: We will assist you in gathering the evidence necessary to prove your case. This may include marriage certificates, medical records, police reports, or witness testimony. The more compelling and concrete the evidence, the stronger your case.
Court Hearings: A judge will hold a hearing to review the evidence and hear testimony from both parties. This is a critical stage where a skilled annulment attorney in St. Petersburg can make a significant difference.
Final Judgment: If the judge is convinced that the marriage was either void or voidable, they will issue a Decree of Annulment, legally declaring the marriage null and void.

Unlike divorce, there is a residency requirement in Virginia to file for an annulment. Either you or your spouse must have been a bona fide resident of the state for at least six months prior to filing the complaint.

Legal Consequences of an Annulment in Virginia

The most significant consequence of an annulment is that the law treats the marriage as if it never occurred. This has a direct impact on several key legal issues. Because the marriage never legally existed, there is no "marital property" to divide. Each party is generally entitled to their separate property and assets they brought into the marriage.

Additionally, as a general rule, spousal support is not awarded in an annulment because there was no legal marriage. If a couple has children during an annulled marriage, the children are not legally illegitimate. The court will still issue orders for parental responsibilities, parent-time, and child support just as it would in a divorce case. The parents still have the same rights and obligations to their children.

Why Choose an Annulment Lawyer in Chesapeake?

Your choice of an annulment lawyer in Chesapeake is critical to the outcome and your peace of mind. With over a decade of experience serving families and individuals throughout Chesapeake and neighboring communities, Pettrey Law, PLC provides a valuable blend of personalized service and deep regional understanding.

Here’s what sets us apart:

Personal connection & direct involvement: Attorney Pettrey works directly with you, handling your case personally from initial consultation through resolution.
Local insight: We understand the unique aspects of Chesapeake’s family courts, including the judges, processes, and nuances that can affect your annulment case.
Respectful, clear communication: Every stage is explained so you always know your choices, the potential outcomes, and your responsibilities.
Flexible support: Free initial phone consultations, payment plans, and financing options ensure greater access for clients at every stage of life.
Recognized commitment to client care: Our practice has been named a Super Lawyer Rising Star and is listed by the National Association of Distinguished Counsel, reflecting strong client service and professionalism.

In addition to delivering high-quality legal advice, we believe in prompt, honest communication, so you’re never left wondering about the progress of your annulment. We address your questions directly, keep you up to date on your case status, and tailor our advice to your individual situation.

Contact an Annulment Attorney in Chesapeake for Clarity & Support

If you are ready to learn more about your options, consult with an annulment lawyer in Chesapeake who has the experience and focus to support your goals. Our approachable team at Pettrey Law, PLC is here to guide you through every aspect of the process, from your initial consultation to resolution in Chesapeake courts.

Call (757) 796-6996 or reach out online for a free, confidential consultation and take the first step toward clear answers and peace of mind.

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