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How Do I Obtain an Annulment in Virginia?
Whether it is from talking with friends, reading news reports, or hearing celebrity gossip, annulments are frequently misunderstood by the party(ies) wishing to obtain one. In Virginia, there are only very specific and narrow requirements that must be met for one to obtain an annulment.
They are split into two groups, the first being void ab initio marriages. These include:
The second group includes voidable marriages, these include:
What is the difference between void ab initio marriages and voidable marriages?
Void ab initio marriages are thought to be contrary to public policy and the state has an interest in ending the marital relationship. Support and property rights are generally waived if an annulment is granted on void ab initio grounds, not so with an annulment granted on voidable grounds.
Are there any time limits after the marriage that I must comply with to obtain an annulment?
Yes. Generally speaking, you have to file for an annulment within 2 years of the date of marriage or you will be barred from seeking an annulment.
What is the legal difference between an annulment and a divorce?
A divorce is the dissolution of a legally valid marriage whereas by granting the annulment, the court is saying that the marriage never existed in the first place.
One of the parties must be a resident and domiciliary of Virginia for at least six months preceding the filing for divorce. If the courts finds that they do not have jurisdiction over the case, they may eventually dismiss it.
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