You’re married, and you and your partner would like to not be married anymore. What are your legal options? You have two different kinds of divorce, a traditional divorce and an uncontested divorce, but what about an annulment? What is the difference between a divorce and an annulment in Virginia? AC Rieman Law in Culpeper has answers for you.

Woman in pink taking off her ring

Do the Courts Get Involved in an Annulment?

The nice thing about an uncontested divorce is you can largely avoid going to court, and that’s the same for an annulment. In fact, the courts have no say in how property is divided during an annulment. Instead, assets go back to their original owner or whoever was listed on the title.

What Does an Annulment do to Your Marital Status

After an annulment, for all intents and purposes, it’s as if the marriage never existed in the first place at least from a legal perspective. However, aspects of your financial life post annulment may not be that simple, and we suggest getting guidance on things like taxes, joint-owned property, and the like.

How is Child Custody Handled in an Annulment?

If there are children involved in the marriage, then the courts have to get involved to be sure that any children are being supported properly by both parents. Even though an annulment means your marriage never existed, your children still legally have both parents.

What Are the Requirements For an Annulment in Virginia?

An annulment can only happen in very specific circumstances, and those circumstances are different in each state. So if you are familiar with the code in another state, things may be different, though some of the conditions may still translate some. Allow us to give you a quick rundown of the conditions under which you can get an annulment. Also, note that you can only get an annulment within the first 2 years of marriage.

Couple going through divorce signing papers
  • Marriage was not properly solemnized per Virginia Law
  • Spouses were married for reasons other than a typical marriage
  • Wife was pregnant by another man before marriage
  • Husband fathers a child with another woman within 10 months of marriage
  • Spouses were blood-related closer than first cousins

Other reasons include if one spouse was…

  • Already married
  • Under legal age (18 without parental consent, 16 with parental consent, and 14 to avoid a statutory rape charge)
  • Was a prostitute
  • Impotent at the time of marriage
  • Incompetent and not able to understand marriage
  • Committed fraud, i.e. one spouse lied in order to get marriage
  • Entered marriage under duress
  • Was a convicted felon

Should You Move Out if You Are Getting Divorce in Virginia?

Need Help WIth an Annulment or Divorce in Northern Virginia?

If you are seeking assistance with your annulment or divorce in Northern Virginia, then you can count on the law offices of AC Rieman. We are located in Culpeper, VA and we have the experience that you need and want on your side when you are looking to end your marriage. Contact us today!

Nothing posted on this website is intended, nor should be construed, as legal advice. Blog postings and site content are available for general education purposes only.

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