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On top of all that, the annulment must be initiated within two years of your marriage. This requirement is the root of the confusion about annulments. Technically all annulments are for marriages that last under two years, but the reason is not the brevity of the marriage it is one of the specific legal grounds.

How Do I Get an Annulment in Virginia? You will need to file a "Complaint for Annulment" in the circuit court for the county where either you or your spouse lives. Either you or your spouse needs to have lived in Virginia and the county where you are filing for at least six months.

In Virginia, your marriage can't be annulled simply because you've only been married a short time. However, if you have been married for two years or less and your marriage was illegal or based on fraud, then your marriage may be annulled.

You will be required to have a hearing where you will need to prove the legal grounds for the annulment. In Virginia, a judge cannot order alimony or property division, including a portion of the other spouse's retirement accounts, after an annulment like a judge can in a divorce.

The duration of the marriage is irrelevant in determining its voidable status. However, suppose the couple continues to live together after the reason for the marriage being voidable no longer exists. In that case, the marriage cannot be annulled.

Grounds for a marriage annulment in Virginia include: One of the spouses was under 18 and did not have parental consent to marry. The spouses are closely related, and the marriage involves incest. One of the spouses was legally married to someone else at the time of the marriage, and the marriage results in bigamy.