Can I get an annulment in Virginia?

The short answer is yes, an annulment in Virginia is possible. However, just because an outcome is possible does not mean that it is certain. Annulments can be confusing and are often misunderstood. Questions like “Isn’t an annulment the same as getting divorced?” or “An annulment sounds easier, so why can’t we just get one instead?” are totally normal. These thoughts can swirl around when a marriage isn’t working out, and it is easier to assume an annulment might be the simpler way out than a divorce. But in Virginia, the reality is a bit more complicated than that. In Virginia, annulments are only granted under specific legal conditions and are very different from divorce. Here are three things to know about annulments in Virginia.

1.      What is an annulment?

An annulment is a legal decision that says your marriage was never valid in the first place. In other words, it’s as if the marriage never legally happened at all.

That is very different from a divorce. Divorce ends a marriage that the law still recognizes as valid. Annulment, on the other hand, treats the marriage as though it never existed.

Once an annulment is granted, both people are legally free to remarry, just like after a divorce. But do not confuse the two: annulments do not just end a marriage like a divorce; annulments wipe the marriage off the books.

2.      How Are Annulments Treated in Virginia?

Virginia only allows annulments in limited circumstances, such as when a court finds a marriage to be void or voidable.

Void marriages: These marriages are considered legally invalid from the outset and do not necessarily require a court order to be recognized as such.  Examples may include incestuous marriages or bigamy (marrying someone who is already married).

Voidable marriages: These marriages are considered legally valid until a person challenges its validity and then the court may decree to an annulment depending on the facts and circumstances.

Common grounds for a voidable marriage would include:

1.     One party was mentally or physically incompetent at the time of the marriage.
2.     Consent was obtained by fraud or duress.
3.       One spouse did not know that the other had a felony conviction or was a prostitute.
4.     The husband was unaware the wife was pregnant by another man at the time of marriage.
5.     The wife did not know the husband had fathered a child with another woman within 10 months before the marriage.
6.       Certain underage marriages solemnized on or after July 1, 2024.

3.      Can a person stop an annulment?

Yes, under Virginia law, there are ways to defend against an action for annulment  VA Code § 20-89.1(C) outlines two key situations where Virginia courts may refuse to grant one.

Here’s how it works: If you and your spouse continued living together after learning about the issue that could justify an annulment, like fraud, the court might decide that you accepted the situation as is and chose to stay married.

Another block to an annulment? Time. If you have been married for two years or more before filing for an annulment, it’s likely too late to undo the marriage that way.

In both cases, even if something was legally wrong from the start that spoiled the marriage, the judge may decide that an annulment is not appropriate anymore and instead direct the parties to go through the divorce process.

Bottom line: Just because it’s possible does not mean it will happen.

Annulments are possible in Virginia, but that does not guarantee them. Annulments are not common and are not easy to obtain. When the right conditions are met, however, they are a valid and legal way for ending a marriage that never should have happened in the first place.