There are major differences between a legal annulment and a legal divorce in the commonwealth of Virginia. While a divorce ends a legal marriage, the marriage is still viewed as having been valid under the law prior to the divorce. An annulment takes the extra step of actually voiding the marriage, “as if it had never happened.”  

For a legal marriage to be eligible for annulment in the state of Virginia, certain criteria must be met. In short, some sort of trickery or deception must have taken place. The Fort Lee Traveller describes the following as making a marriage eligible for annulment (either voided, meaning cancelled from the beginning, or voidable, meaning valid until cancelled by election by one party in the marriage) in accordance with Virginia Code Section 20-89.1:

  • Fraud (including bigamy or polygamy) or duress by one or both parties
  • Natural or incurable impotency on the part of one of the parties existing at the time of the marriage
  • One of the parties convicted of a felony (without the knowledge of the other party) prior to the marriage
  • If the wife is pregnant with another man’s child at the time of the marriage, and the husband has no knowledge of the pregnancy by the other man
  • If the husband has a child with another woman within 10 months of the solemnization of the marriage and the wife has no knowledge of the pregnancy before entering into the marriage
  • One party was convicted of being a prostitute prior to the marriage, and the other party had no knowledge of the conviction prior to the marriage 

Speak with an attorney knowledgeable in the areas of Virginia divorce and military divorce for more information on the criteria for a legal annulment. Darrell M. Harding, Attorney at Law has served the Norfolk, Chesapeake and Virginia Beach communities for more than two decades. 

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Virginia Beach: 757-499-2600
Chesapeake: 757-401-6804
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Testimonials

"In every case Mr. Harding takes, he strives to provide his clients with the highest level of legal service. If you choose Darrell M. Harding Attorney At Law, PLC to represent you, you can expect to receive experienced legal guidance and be treated with the utmost courtesy and respect at all times."

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  • Virginia Beach Office

    Address

    5366 Virginia Beach Boulevard, AAA Building.,
    Suite 301,
    Virginia Beach, Virginia 23462

  • Chesapeake Office

    Address

    2010 Old Greenbrier Road,
    Suite L,
    Chesapeake, Virginia 23320

    Phone

    757-401-6804

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    Address

    1500 E Little Creek Road,
    Suite 309,
    Norfolk, Virginia 23518

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  • google
    5.0/5.0

    They handle my divorce in like 2 months and they took payment arrangements they were amazing I appreciate them

    — jezzy 25

  • lawyers
    5.0/5.0

    Mr. Harding was able to get everything I wanted in my case with less than 4 hours notice to be at court as I didn't retain until the day of court. Fantastic lawyer would recommend to anyone in need of an attorney

    — Client

  • google
    5.0/5.0

    For such a difficult subject, Mr. Harding made this as simple as possible. He never pressured me but guided me to make the best decisions for myself and my child. He also encouraged communication between myself and my ex to settle things mo...
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    — T.J. K

  • lawyers
    5.0/5.0

    Mr. Harding took his time to answer any questions that I had. Even in my fears, he consistently had a professional, yet confident demeanor that put me at ease. He never pressured me, always encouraged an open communication between myself an...
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    — Client

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    5.0/5.0

    Thomas has been absolutely heaven-sent in my family law case. He has gone above and beyond and is quick to answer any questions that I have whether it be by email, phone call, or in person. I have recommended him to several of my friends an...
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    — Jessica Schwind