Annulment Lawyer Fairfax VA
While most people who decide to end their marriage file for divorce, there also those who want out of their marriage but do not want to go through that process. One of the most common reasons a couple cannot divorce is because of their religion, however, there are other reasons why a person may want to annul the marriage instead of obtaining a dissolution. No matter what the process, it is still necessary to abide by the laws of the state of Virginia and while each process is different, a person wishing to obtain an annulment should contact an annulment lawyer Fairfax VA clients trust.
What Is the Difference Between a Divorce and Annulment?
While both of these legal actions result in a couple no longer being married, they do not mean the same thing. When a couple gets divorced, there is a legal recognition that the marriage exists, but that one or both spouses wish to end it. In a divorce, there is a myriad of issues that need to be decided, such as the division of assets and property and spousal support.
In an annulment, it is if the marriage never existed because the court deems it to not be legal, to begin with. In fact, under Virginia law, the marriage is “voided” when an annulment is granted. And since the marriage never occurred in the eyes of the law, each of the individuals involved walks away with whatever assets they had when the “marriage” took place.
How to Determine if a Marriage Qualifies for an Annulment
There are certain factors that must be present in order for the courts to grant an annulment. Because the rules are very stringent, it is always recommended that anyone wishing to seek an annulment seek out the legal assistance of a divorce lawyer Fairfax VA residents recommend.
Some of the reasons Virginia law allows an annulment include the following:
- One or both spouses were too young to get married. Virginia law states that only adults 18 years of age or older may legally wed. The only exception is for those individuals 16 to 18 who have written permission by their parent or legal guardian. If these conditions were not met at the time of the marriage, the marriage is invalid.
- The couple are close relatives. Virginia law prohibits siblings (whether half blood, whole blood, or through adoption), uncle, aunt, nephew, niece (whether half or whole blood)
- One or both of the individuals had a prior marriage that was not legally dissolved
- One or both of the individuals lacked the capacity to consent to the marriage at the time it took place. This could be because of coercion, force, fraud, infirmity, intoxication, mental capacity, or other reason deemed by the court.
- One of the individuals cannot consummate the marriage and had not made their partner aware of this at the time of the marriage
- One of the individuals has been convicted of a felony and had not made heir parent aware of this at the time of the marriage.
Our Law Firm Is Here to Help
If you would like to learn if an annulment is appropriate for your situation, contact May Law, LLP to speak with a Fairfax VA annulment lawyer. Call our office today.