When a marriage falls apart quickly, or when it begins under questionable circumstances, many people immediately ask their attorney: “Can I just get an annulment?”
The appeal of an annulment is obvious. While a divorce legally ends a valid marriage, an annulment declares that the marriage was never legally valid in the first place. It erases the marriage from the legal record, as if it never happened.
However, television and movies have created a massive misconception about how easy it is to get an annulment. In Virginia, you cannot get an annulment simply because the marriage was short, because you made a mistake, or because you haven’t consummated the relationship. The legal grounds for an annulment are incredibly strict.
If you are considering ending your marriage in Loudoun County, here is what you need to know about the difference between annulment and divorce.
Void vs. Voidable Marriages
To get an annulment in Virginia, your marriage must fall into one of two categories: it must be either “void” or “voidable.”
Void Marriages (Illegal from the Start)
A void marriage is one that is legally impossible and is considered invalid from the moment it occurred, even without a court order. However, you still need a court order to officially clear the public record. Marriages are void in Virginia if:
- Bigamy: One spouse was already legally married to someone else at the time of the wedding.
- Incest: The spouses are closely related by blood (e.g., siblings, parent/child, aunt/nephew).
Voidable Marriages (Valid Until Challenged)
A voidable marriage is considered legally valid until one spouse goes to court to have it annulled. If you do not challenge a voidable marriage, it remains valid. Marriages are voidable in Virginia under very specific circumstances, including:
- Fraud or Duress: One spouse was tricked or forced into the marriage. The fraud must go to the “essence of the marriage.” Lying about your wealth is usually not enough; lying about your ability to have children or concealing a felony conviction might be.
- Impotence: One spouse is permanently and incurably impotent, and the other spouse did not know this at the time of the marriage.
- Underage: One spouse was under the legal age of consent and did not have the required parental or judicial permission.
- Concealed Pregnancy: The wife was pregnant by another man at the time of the marriage, and the husband did not know.
- Concealed Prostitution/Felony: One spouse had been a prostitute or was convicted of a felony prior to the marriage, and the other spouse did not know.
Crucial Deadline: For voidable marriages, you must file for the annulment within two years of the marriage date. Furthermore, if you discover the fraud or the concealed fact and continue to live together as a married couple, you lose your right to an annulment.
Why Divorce is Usually the Answer
Because the grounds for annulment are so narrow and difficult to prove, the vast majority of couples who want to end their marriage must file for divorce.
Even if your marriage only lasted three months, if it does not meet the strict criteria for an annulment, you must go through the standard divorce process. This means you must meet the separation requirements (six months with a separation agreement and no minor children, or one year otherwise) before you can file.
Furthermore, if you have children together, the court must still address child custody and child support, regardless of whether the marriage ends in divorce or annulment.
Frequently Asked Questions
Does an annulment mean I don’t have to divide property?
If a marriage is annulled, the court generally tries to restore both parties to the financial position they were in before the marriage. However, if you acquired property together during the relationship, the court still has the authority to divide it equitably, much like in a divorce.
Can I get spousal support if my marriage is annulled?
No. Because an annulment declares that the marriage never legally existed, neither party is entitled to spousal support (alimony).
Is a religious annulment the same as a legal annulment?
No. A religious annulment (such as one granted by the Catholic Church) only affects your standing within your religion. It has no legal effect on your marital status under Virginia law. You must still obtain a legal divorce or a legal annulment through the civil courts.
Get Clarity on Your Legal Options
If you believe your marriage may qualify for an annulment, you need to act quickly before the statutory deadlines expire. At Raheen Family Law, we can evaluate the specific circumstances of your marriage and advise you on whether an annulment is possible, or whether a divorce is your best path forward. Contact us today or call our Fairfax Divorce Lawyer Now! at 703-223-5295 to schedule a confidential consultation.