An annulment in Virginia is a court ruling that a marriage was never legally valid in the first place, rather than a ruling that ends a valid marriage the way a divorce does. Virginia Code § 20-89.1 allows either spouse to file suit to annul a marriage that is void or voidable, or that was entered into because of fraud or duress. The remedy is narrow and it is time-limited: under § 20-89.1(C), no annulment may be decreed if the spouses have lived together after learning the facts that would justify it, and in no event may a court enter an annulment decree if the parties had been married for two years before the suit was filed. After two years, divorce is the only route out of the marriage.
That two-year deadline is the single most important thing to understand about annulment in Virginia. It is a hard bar written into the statute, not a guideline a judge can waive for a sympathetic reason. If you believe your marriage was procured by fraud, or that your spouse concealed something that goes to the heart of the marriage, the window to act is short. Attorney Randall J. Borden has practiced family law in Northern Virginia for more than thirty years and handles these cases personally from the first phone call — there are no associate hand-offs.
Annulment versus divorce in Virginia
A divorce ends a marriage that everyone agrees was validly formed. An annulment declares that a valid marriage never existed. The practical consequences of that distinction are significant, and they cut in both directions.
Because an annulment treats the marriage as never having been validly formed, the remedies that ordinarily follow a Virginia divorce — equitable distribution of marital property under Virginia's divorce statutes, and spousal support — may not be available in the same way, or may be analyzed very differently by the court. That is exactly why the choice between filing for annulment and filing for divorce is a strategic decision that deserves careful thought before anything is filed. In some situations a client is better served by a divorce even when annulment grounds technically exist. This is a case-specific judgment and it is one of the first things worth discussing in a consultation.
One consequence that is not in doubt concerns children. Virginia Code § 20-31.1 provides that "the issue of marriages prohibited by law, deemed null or void or dissolved by a court shall nevertheless be legitimate." An annulment does not affect a child's legal status, and it does not eliminate either parent's rights or obligations. Custody and child support are still decided on the same standards that apply in any other Virginia case.
Void marriages and voidable marriages are not the same thing
Virginia law draws a line between marriages that are void from the outset and marriages that are merely voidable. A void marriage is invalid whether or not anyone ever goes to court. A voidable marriage is treated as valid until a court declares otherwise, which means someone has to actually file suit.
Under Virginia Code § 20-45.1, all marriages prohibited by § 20-38.1 are void. Section 20-38.1 prohibits:
- A marriage entered into before an earlier marriage of one of the parties has been dissolved — in other words, bigamy
- A marriage between an ancestor and a descendant, or between siblings, whether the relationship is by the half or the whole blood or by adoption
- A marriage between an uncle or aunt and a nephew or niece, whether by the half or the whole blood
Section 20-45.1 also addresses marriages where a party lacked capacity to consent at the time the marriage was solemnized because of mental incapacity or infirmity, and marriages involving a party under eighteen years of age. Virginia law on underage marriage changed effective July 1, 2024, so the date of the marriage matters to the analysis.
The distinction between void and voidable is genuinely consequential, and we have written about it in depth: see our detailed discussion of void versus voidable marriages in Virginia.
Grounds for annulment under Virginia Code § 20-89.1
Beyond void and voidable marriages, § 20-89.1 identifies specific circumstances in which a Virginia court may annul a marriage. An annulment may be sought where:
- Fraud or duress. The marriage was procured by fraud that goes to the essence of the marriage, or by duress. Ordinary disappointment, or discovering that a spouse misrepresented their income or personality, is generally not enough — Virginia courts read this ground narrowly.
- Natural or incurable impotency. The condition must have existed at the time of the marriage.
- An undisclosed prior felony conviction. One spouse had been convicted of a felony before the marriage without the other spouse's knowledge.
- Concealed pregnancy or paternity. One spouse was pregnant by another person at the time of the marriage, or had fathered a child born to another person within ten months of the marriage, without the other spouse's knowledge.
- Undisclosed prior prostitution. One spouse had been a prostitute before the marriage without the other spouse's knowledge.
These grounds are narrower than most people expect. A short marriage, a change of heart, or a marriage that was never consummated is not on its own a ground for annulment in Virginia.
The two bars that defeat most annulment claims
Section 20-89.1(C) contains two limits that end more annulment cases than any dispute about the underlying grounds.
The cohabitation bar. No annulment will be decreed if the spouse seeking it continued to live with the other spouse after learning the facts that would support the annulment. Continuing the marriage with knowledge of the problem is treated as affirming it.
The two-year bar. No annulment decree may be entered if the parties had been married for two years before the suit was instituted. This is absolute. Once two years have passed, the marriage must be ended by divorce.
Both of these limits reward acting quickly and punish waiting. If you are weighing an annulment, the calendar is working against you.
Where an annulment case is filed in Northern Virginia
A suit to annul a marriage is filed in circuit court. For clients in and around Fairfax, that is the Fairfax County Circuit Court at 4110 Chain Bridge Road in Fairfax. Our office is at 10627 Jones Street, Suite 201A, minutes from the courthouse. We also handle annulment matters in the Loudoun County Circuit Court in Leesburg, the Prince William County Circuit Court in Manassas, the Arlington County Circuit Court, and the Alexandria Circuit Court.
Because annulment cases turn on proof of specific facts — what was concealed, when it was discovered, and whether the spouses lived together afterward — they are often more evidence-intensive than an uncontested divorce, even though the marriage was short.
Frequently asked questions about annulment in Virginia
How long do I have to file for an annulment in Virginia?
You must file within two years of the marriage. Virginia Code § 20-89.1(C) states that in no event may an annulment decree be entered if the parties had been married for two years before the suit was instituted. Separately, you cannot obtain an annulment if you continued living with your spouse after learning the facts that would justify one.
Is a religious annulment the same as a legal annulment?
No. A religious annulment is granted by a faith community and has no effect on your marital status under Virginia law. Only a Virginia circuit court can annul a marriage as a legal matter. Many clients pursue both separately.
Does an annulment make my children illegitimate?
No. Virginia Code § 20-31.1 provides that children of marriages deemed null or void are nevertheless legitimate. An annulment does not change a child's legal status, and custody and child support are decided under the same standards used in any other case.
Can I get an annulment because the marriage was never consummated?
Not on that basis alone. Virginia recognizes natural or incurable impotency existing at the time of the marriage as a ground, which is a narrower medical question than simply never having consummated the marriage.
My spouse lied to me about something important. Is that fraud?
Possibly, but Virginia courts read this ground narrowly. The fraud generally must go to the essence of the marriage itself rather than to a collateral matter such as finances, employment, or character. Whether a particular misrepresentation qualifies is a fact-specific question worth reviewing with an attorney promptly, given the two-year deadline.
Is an annulment faster or cheaper than a divorce?
Not necessarily. Annulment requires proving specific statutory grounds, which can make the case more evidence-intensive than an uncontested divorce. The right question is not which is faster but which is legally available and which produces the better outcome in your circumstances.
Related practice areas
If an annulment is not available in your situation, other options may be. We handle divorce, including uncontested divorce and contested divorce, as well as property division, spousal support, child custody, child support, and prenuptial agreements. Where a marriage is ending and both spouses want to keep the process out of court, family law mediation may be appropriate.
Speak with a Northern Virginia annulment lawyer
Annulment in Virginia is governed by short deadlines and narrow grounds, which means the value of an early conversation is high. Randall J. Borden is a graduate of the University of Virginia School of Law, admitted in Virginia and Maryland, and has practiced from his Fairfax office since 1995. He handles every case personally.
Call 703-385-8722 to discuss whether an annulment is available in your situation, or contact the office to arrange a consultation. We serve clients across Fairfax, Loudoun, Prince William, and Arlington counties and the City of Alexandria.