Virginia courts annul marriages that were never legally valid, but strict deadlines apply. Here's how the process works.
In Virginia, annulments are available only if a marriage was never legally valid. Some marriages, including those involving bigamy or incest, are void from the moment of the ceremony. Other marriages, like those based on fraud or duress, can be annulled if you file within two years of the wedding—as long as you didn’t continue to live together after you discovered the problem. Either spouse can file for annulment in circuit court, but the person filing must present evidence to prove the grounds at a hearing.
Annulment and divorce aren’t the same. Divorce ends a valid marriage, while an annulment treats the marriage as if it never existed. Keep reading to find out who is eligible for an annulment in Virginia, how the process works, and what to expect after your case.
What Are the Grounds for an Annulment in Virginia?
Virginia courts presume that marriages are valid, so they don't grant annulments lightly. To get one, you'll need to show that your marriage meets one of these legal grounds:
- bigamy (one spouse was already married to someone else)
- incest (the spouses are too closely related under Virginia law)
- underage marriage (either spouse was younger than 18, with exceptions for older marriages, discussed below)
- lack of capacity to consent because of mental incapacity or infirmity
- fraud about something essential to the marriage
- duress (force or threats that overcame a spouse's free will)
- natural or incurable impotency that existed at the time of the marriage
- a felony conviction before the marriage that the other spouse didn't know about
- pregnancy or a child by someone else (a spouse was pregnant by another person at the time of the marriage, or had conceived a child with another person who was born within ten months after the wedding, without the other spouse's knowledge), or
- prostitution before the marriage that the other spouse didn't know about.
(Va. Code §§ 20-38.1, 20-43, 20-45.1, 20-89.1 (2026).)
Virginia's Rules for Underage Marriage
Virginia's laws on underage marriage have changed twice in the past decade. If you were legally married in another state or country before moving to Virginia, these rules won't affect you. For anyone else, the rules depend on when the marriage took place.
July 1, 2024 and after. You must be at least 18 years old to marry in Virginia. There are no exceptions for parental consent, pregnancy, or emancipation.
July 1, 2016 through June 30, 2024. The marriage is valid only if the underage spouse was legally emancipated at the time of the wedding.
Before July 1, 2016. Virginia allowed marriage at 16 with a parent's or guardian's consent, and in narrow cases for younger minors. Whether an older marriage can be annulled depends on complicated rules, so you should talk with a lawyer about your situation.
(Va. Code §§ 20-48, 20-45.1 (2026).)
In every case above, an underage marriage isn't automatically void. One of the spouses has to ask a court to declare it invalid.
How Virginia Courts Define Fraud and Duress
Courts apply a specific test for fraud. Duress has no set definition in Virginia's annulment law, so judges decide it case by case. To prove fraud, you must show all of the following:
- your spouse knowingly lied about something important
- you relied on the lie when deciding to marry, and
- you were harmed as a result.
As a rule, ordinary dishonesty won't support an annulment. Lies about age, wealth, health, or earlier marriages that ended usually aren't sufficient. Virginia treats some specific concealments as serious enough to qualify for annulment on their own, including a felony conviction or being pregnant at the time of marriage by someone other than the spouse.
Duress means you were coerced or threatened at the time of the ceremony. It’s not enough to say you were under family pressure or going along with a wedding you later regretted. A judge will look for something like a credible threat of violence if you hadn’t gone through with it.
Why Waiting Too Long Can Block a Virginia Annulment
A judge can't annul your marriage if you kept living with your spouse after you discovered a problematic issue, whether fraud, a felony conviction, or something else. Also, if you wait two years or more after the wedding to file, annulment is off the table. In either situation, your only option is divorce.
These limits apply when you're asking for an annulment based on mental incapacity, impotence, a felony conviction, pregnancy or a child by another person, prostitution, fraud, or duress. They don't apply to bigamous, incestuous, or underage marriages, which are invalid no matter how long you lived together. (Va. Code § 20-89.1 (2026).)
What Happens After a Virginia Annulment?
An annulment means you and your spouse were never legally married, so you both return to single status and can remarry right away.
Unlike judges in many other states, a Virginia judge can't divide property or award ongoing spousal support after an annulment. Virginia's property and support statutes apply when a court ends a valid marriage, and they don't mention annulment, even though other statutes in the same chapter expressly cover annulment cases. A judge can order temporary support (pendente lite) while the annulment case is pending. (Kleinfield v. Veruki, 7 Va. App. 183 (1988); Va. Code § 20-103 (2026).)
Children of an annulled marriage are legitimate under Virginia law, so they can inherit from both parents and are entitled to support from both. The court can decide custody, visitation, and child support in the annulment case. (Va. Code §§ 16.1-244, 20-31.1 (2026).)
How Do I Get an Annulment in Virginia?
Virginia circuit courts handle annulments. (Va. Code § 20-96 (2026).) To proceed, you must:
- Meet the residency requirement. One of you must live in Virginia for at least six months before you file. Special rules can help military members and federal employees stationed elsewhere. (Va. Code § 20-97 (2026).)
- File a “complaint for annulment.” You can file in the Virginia circuit court for the county or city where you last lived together, or, if you'd rather, where your spouse lives. Your complaint must state your grounds, including supporting facts. You should also say whether you want the judge to decide custody, visitation, or child support. (Va. Code § 8.01-261 (2026).)
- Notify your spouse. After filing, you have to deliver ("serve") the complaint on your spouse. The circuit court clerk's office can explain your options, including serving an out-of-state spouse or publishing a legal notice if you can't find them. (Va. Code §§ 20-99.2, 20-104 (2026).)
- Prove your case at a hearing. Your own testimony isn't enough. Virginia law requires corroboration, so plan to bring a witness or documents that back up your grounds. (Va. Code § 20-99 (2026).)
Where to Find Annulment Forms and Legal Help in Virginia
Virginia doesn't publish a statewide annulment packet. Ask the clerk of the circuit court in your county or city what that court requires, or talk to a lawyer.
Virginia's LawHelp site offers plain-English legal information and can connect you with free help if you qualify. Because annulment deadlines are short and the rules are strict, it's worth talking to a local family law attorney before you file.
