Popular misconceptions about marriage annulment are that it only applies to dynastic marriages or to very wealthy people, such as when King Henry VIII of England annulled his marriage to Anne of Cleves or when Britney Spears married her childhood friend in Las Vegas when they were in their early 20s and then annulled the marriage two days later, and that annulment is governed by religious laws, in contrast to divorce, which is something that the civil family courts do. The courts of the state of Virginia can legally end marriages by issuing a decree of divorce or a decree of annulment. Both divorce and annulment exist in Virginia law, and they are not interchangeable. To find out whether you have grounds for an annulment or whether divorce is the only way to become legally single again, contact a Clintwood family law attorney.
Reasons That Virginia Courts Will Annul a Marriage
When the court annuls a marriage, it declares that the marriage was never valid, so, from a legal standpoint, it never existed. By contrast, a divorce decree means that the marriage was legally valid, but the court dissolved the marriage by request of one or both spouses. These are some reasons that the courts of Virginia might grant an annulment:
- One spouse was under 18 at the time of the marriage and count not legally consent to get married
- Unbeknownst to the husband, the wife was pregnant when the parties married, and the husband is not the child’s genetic father
- One spouse was still legally married to someone else when the parties married
- One spouse failed to disclose his or her criminal record to the other spouse before the parties married
- The spouses are each other’s blood relatives
- One spouse used fraud or duress to compel the other spouse to enter the marriage
Whether the couple consummated the marriage is not a deciding factor for granting an annulment. You may have to go through a divorce if you and your partner have been married for two years or more, even if the marriage is unconsummated. The Virginia courts have also annulled marriages where the couple had children together if the marriage was legally invalid for another reason.
How is an Annulment Different From a Divorce?
Divorce in Virginia follows the equitable distribution rule, where the court determines which of the couple’s property is marital and which is separate and then divides the marital property in the fairest possible way. In an annulment, there is no such thing as marital property, so you and your ex might have to fight over your house or other assets as if you were former business partners. If you have children together, you still need a parenting plan and child support order. The laws applying to the financial support of children apply whether or not the parents have ever been legally married to each other.
Contact Greg Baker Attorneys at Law PLLC About Divorce and Marriage Annulment
The lawyers at Greg Baker Attorneys at Law PLLC serve the southwestern Virginia community in family law cases and other areas of the law. Contact Greg Baker Attorneys at Law PLLC to set up a consultation.