An action or proceeding for the annulment of a marriage differs from a divorce proceeding in that a divorce proceeding is instituted to sever a marriage relation admitted to exist, whereas an annulment proceeding is brought for the purpose of declaring judicially that because of some disability or defect that existed at the time of the marriage. In order to be entitled to an annulment of marriage, the plaintiff must allege and prove that the marriage was void or voidable under the laws of the forum state or the state in which the marriage was performed.
Virginia Petition to Annul Marriage with No Children or Property
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Under Virginia law, a person commits spousal abandonment by leaving the marital home as an act of knowingly ending the marriage.
File a complaint. Your first step is to draft the complaint and supporting documents and file them in circuit court. Your paperwork must comply with proper legal formatting and information requirements.
The court will consider an annulment if, at the time of the marriage, one of the spouses: 1) was physically or mentally incompetent, 2) consented to the marriage under condition of fraud or duress, 3) was a felon or prostitute without the other spouse's knowledge, 4) was impotent, 5) was pregnant by another man without ...
To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce.
Virginia has only one no-fault ground for divorce: separation. Couples who wish to qualify for a no-fault divorce must prove that they've lived separate and apart without cohabitation (sexual relations) for a continuous period of at least one year. (Va. Code § 20-91(A)(9) (2022).)