Annulment In Henrico – Virginia Lawyers

If you are seeking an annulment in Virginia, you must meet certain specific grounds. If you do not meet these specific grounds for an annulment, you cannot get an annulment in Henrico Virginia. If you want help with an annulment in Virginia, contact our law firm immediately for help.

We will do our best to help you get the best possible result based on the facts of your case.

Annulment Virginia Lawyer Grounds Henrico 20-89.1
Annulment Virginia Lawyer Grounds Henrico 20-89.1

Va. Code 20-89.1 – Suit to annul marriage.

  1. When a marriage is alleged to be void or voidable for any of the causes mentioned in 20-13, 20-38.1, 20-45.1 or by virtue of fraud or duress, either party may institute a suit for annulling the same; and upon proof of the nullity of the marriage, it shall be decreed void by a decree of annulment.
  2. In the case of natural or incurable impotency of body existing at the time of entering into the marriage contract, or when, prior to the marriage, either party, without the knowledge of the other, had been convicted of a felony, or when, at the time of the marriage, the wife, without the knowledge of the husband, was with child by some person other than the husband, or where the husband, without knowledge of the wife, had fathered a child born to a woman other than the wife within ten months after the date of the solemnization of the marriage, or where, prior to the marriage, either party had been, without the knowledge of the other, a prostitute, a decree of annulment may be entered upon proof, on complaint of the party aggrieved.
  3. No annulment for a marriage alleged to be void or voidable under subsection (b) of 20-45.1, subsection (b) of this section or by virtue of fraud or duress shall be decreed if it appears that the party applying for such annulment has cohabited with the other after knowledge of the facts giving rise to what otherwise would have been grounds for annulment; and, in no event shall any such decree be entered if the parties had been married for a period of two years prior to the institution of such suit for annulment.
  4. A party who, at the time of such marriage as is mentioned in 20-48 or 20-49, was capable of consenting with a party not so capable, shall not be permitted to institute a suit for the purpose of annulling such marriage

Virginia Statute

Grounds for annulment

Conditions to be satisfied

Va. Code 20-89.1(a) When a marriage is alleged to be void or voidable On proof of the nullity of the marriage, annulment may be decreed if either party institutes a suit for annulment for void or voidable marriage:

  1. For any of the causes mentioned in 20-13, 20-38.1, 20-45.1 or
  2. By virtue of fraud or duress.
Va. Code 20-89.1(b) Complaint of the aggrieved party Annulment may be granted based on complaint made on the following grounds:

  1. Natural or incurable impotency of body existing at the time of entering into the marriage contract or
  2. If either party had been convicted of a felony without the knowledge of the other prior to marriage or
  3. If the wife, at the time of the marriage without husband’s knowledge, was with child by some person other than the husband or
  4. If the husband, without wife’s knowledge, had fathered a child born to a woman other than the wife within ten months after the date of marriage solemnization or
  5. If either party had been, without the knowledge of the other, a prostitute prior to marriage.
Va. Code 20-89.1(c) Annulment may not be granted in the following cases on certain conditions:

  1. For void or voidable marriage under Va. Code 20-89.1(a)or
  2. In marriages where parties lacked capacity to consent to the marriage due to mental incapacity or infirmity under 20-45.1(b)
  3. Based on complaint of the aggrieved party under Va. Code 20-89.1(b)
Conditions:

  1. It appears that the party applying for annulment has cohabited with the other after knowledge of the facts giving rise to the annulment; and,
  2. The parties had been married for a period of two years prior to the institution of such suit for annulment.
Va. Code 20-89.1(d) A party shall not be permitted to institute a suit for the purpose of annulling marriage, if at the time of such marriage he/she was capable of consenting with a party as mentioned in 20-48 or 20-49.

Annulment In Henrico Virginia

We will do our best to help you get the best possible result based on the facts of your case.

Courts we cover in Henrico, Virginia

Henrico Circuit Court

P. O. Box 90775
4301 East Parham Road,
Henrico, VA 23273-0775

Henrico General District Court

P. O. Box 90775
4301 East Parham Road,
Henrico, VA 23273-0775

Henrico Juvenile and Domestic Relations District Court

4201 E. Parham Road,
Henrico, VA 23228-2745
P.O. Box 90775 Henrico, VA 23273-0775

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.