(757)491-0240 Annulments A common question is whether it is possible to have a Virginia marriage annulled.  The concept exists in Virginia but most people do not qualify for it.  The code section is 20-89.1.  The first category of marriages that can be annulled are those where there is some defect in the marriage process itself.  If the parties do not have a license or if the person officiating was not properly authorized to perform the marriage rites or if the parties lacked the legal capacity to enter into a marriage because they were too young or were mentally handicapped, an annulment may be possible.  Bigamous and incestuous marriages can be annulled.  So, if one of the parties was not free to marry because a previous spouse is still alive and there has been no divorce, an annulment is possible.   The second category of marriages that can be annulled are those where some important fact was unknown to one of the parties.  Undisclosed impotence, a felony conviction, pregnancy by another, fathering a child by another where the child is born within 10 months of the wedding, and a prior career in prostitution can be grounds for an annulment.  The last category of marriages that can be annulled are those where there was some fraud.  The elements of fraud are: (1) a false representation, (2) of a material fact, (3) made intentionally and knowingly, (4) with intent to mislead, (5) reliance by the party misled, and (6) resulting damage to the party misled.  The fraud must be proved by clear and convincing evidence, which is a higher standard of proof than is required in most civil cases.  An example of this would be a marriage between an immigrant and a citizen where the immigrant sought the marriage solely for the purpose of being allowed to legally immigrate to the United States and the spouse didn't know it.    Most couples will not have grounds for an annulment.  And even when the grounds are present, there are limitations on when they can be asserted.  So cases where an annulment is possible and less expensive than a divorce are rare.   Contact the Law Offices of Diane Fener | Virginia Divorce, Child Custody | Child Support | Virginia Divorce Attorneys | Virginia Divorce Forms | Adoption Law Virginia | Virginia Juvenile Court | Virginia Divorce Law & Court Links | Basic Steps - Divorce Process | Child's Best Interests | Child In Need Services & Supervision | Facts of Life - Litigation | Grounds for Divorce - Virginia Law | Interstate Child Custody Cases | When a Lawyer is Essential | Mediation | Move Aways | Juvenile Justice Resource Book | Simple Uncontested Divorce | Cases Alleging Serious Juvenile Crime | VA. Beach Juvenile Justice Needs Assessment | Spousal Support - Virginia | Site Map