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Annulment vs. divorce. A brief look at Virginia annulment laws

On Behalf of | Nov 12, 2021 | Divorce

If you qualify for an annulment instead of divorce, you can erase your marriage, making it as though it never happened in the first place. An annulment is an option in Virginia and other states in situations where marriage should not ever have occurred.

The annulment laws in Virginia dictate how you can end a marriage without getting a traditional divorce. If you are seeking an annulment, it is wise to familiarize yourself with these laws.

Under what conditions can you have a marriage annulled?

Many states consider acts of fraud particularly reprehensible and often approve annulments for marriages with this element. Virginia is no exception, naming fraud as an acceptable reason for annulments.

An example of fraud in a marriage involves marrying a person while still married to someone else, and it qualifies as an acceptable reason for annulment. Other grounds for annulment include:

  • Mental incapacity at the time of marriage
  • Duress or coercion
  • Pregnancy by someone other than the spouse
  • Fathered a child outside the marriage
  • Either spouse was once a prostitute
  • One spouse is impotent
  • Felony convictions before the marriage

If the person seeking an annulment knew about the actions above, attempts to annul the marriage may not succeed. Further, those that continued to cohabitate with the spouse after learning about any wrongdoing are not eligible for an annulment.

Even if you do not qualify for an annulment in Leesburg, you can still end an unwanted marriage. Your first step is to learn as much as possible about annulment and divorce in the state of Virginia. Once you have gained up-to-date knowledge of these laws, you can make a well-informed decision about the best way to end your marriage.