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:
·
Same sex marriage
·
Bigamous marriage (marrying another while still
being married to someone else)
·
Marrying a relative (in Virginia
this includes ancestor and descendant; brother and sister whether whole blood,
half-blood, or by adoption; and uncles and niece or between and aunt and
nephew)
·
Underage marriage
The second group includes voidable marriages, these include:
·
Mental and physical incompetence at the time of
marriage
·
Marriage to a felon if the other person did not
know at time of marriage
·
If one person had been without the knowledge of
the other, a prostitute
·
If mother is with child by another person other
than the husband at the time of marriage
·
Fraud
·
Duress
·
Sham marriages – so called “Green Card”
marriages
·
Marriage in jest – remember Britney Spears and Jason Alexander's 24 hour marriage that was supposed to be done on a dare?
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.
