Annulment in Fauquier County, Virginia, is governed by Va. Code § 20-89.1, which allows a court to declare a marriage void or voidable based on specific grounds such as fraud, duress, or bigamy. Law Offices Of SRIS, P.C. has 68 documented results in Fauquier County, including 2 dismissals and 57 reduced outcomes, demonstrating a 90% favorable outcome rate.
Annulment Lawyer Fauquier County, Virginia
Under Virginia law, an annulment is a legal proceeding that declares a marriage null and void, as if it never existed. The primary statute governing annulments is Va. Code § 20-89.1, which outlines the grounds for annulment, including fraud, duress, mental incapacity, bigamy, and incest. Unlike a divorce, which ends a valid marriage, an annulment treats the marriage as invalid from the start. In Fauquier County, annulment petitions are filed at the Fauquier County Circuit Court, located at 6 Court Street, Warrenton, VA 20186. The court will evaluate the evidence and determine whether the marriage meets the legal criteria for annulment. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience to every case.
Last verified: May 2026 | Fauquier County Circuit Court | Virginia General Assembly — official site
For the full text of the annulment statute, see Va. Code § 20-89.1 (Virginia General Assembly — official site). For information on the Fauquier County Circuit Court, visit Fauquier County General District Court (Virginia Courts — official site).
In Fauquier County Circuit Court, judges closely scrutinize annulment petitions for evidence of fraud or duress. We have observed that prosecutors and opposing counsel often challenge the credibility of the petitioner’s claims, requiring strong documentary proof.
- Gather all evidence related to the grounds for annulment, including emails, text messages, and financial records.
- Consult with an experienced Annulment Lawyer Fauquier County to evaluate the strength of your case.
- File a marriage annulment petition at the Fauquier County Circuit Court.
- Serve the petition on your spouse through the sheriff’s office or a private process server.
- Attend the court hearing and present your evidence to the judge.
- Obtain the final annulment decree if the court finds the marriage void or voidable.
In Fauquier County, annulment is a civil proceeding, not a criminal charge, but the consequences of a void marriage can include financial obligations, custody disputes, and property division issues under Virginia law.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Void Marriage (e.g., bigamy, incest) | Civil — Marriage declared void ab initio | None (civil proceeding) | Court costs and filing fees | None | Potential criminal charges for bigamy under Va. Code § 18.2-362 |
| Voidable Marriage (e.g., fraud, duress) | Civil — Marriage annulled by court order | None (civil proceeding) | Court costs and filing fees | None | Possible spousal support or property division claims |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. The firm has 68 documented case results in Fauquier County, including 2 dismissals and 57 reduced outcomes, reflecting a 90% favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce, demonstrating the firm’s deep involvement in Virginia family law.
Law Offices Of SRIS, P.C. has 68 documented results in Fauquier County: 2 dismissed or not guilty, 57 reduced or amended — a favorable-outcome rate of 90%. These results span multiple practice areas, including traffic, DUI, and public order offenses, demonstrating the firm’s broad experience in Fauquier County courts. Results may vary.
Our location in Fairfax is approximately 30 miles from Fauquier County Circuit Court, with access via I-66 and Route 29. If you are searching for an annulment lawyer near Fauquier County, we serve the communities of Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our Location: 4008 Williamsburg Court, Fairfax, VA 22032 | (703) 636-5417 | By appointment only.
Frequently Asked Questions About Annulment in Fauquier County
How long does a divorce take in Fauquier County, Virginia?
Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Fauquier County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Fauquier County Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
How much does a divorce cost in Fauquier County, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party. Cases filed at Fauquier County General District Court.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Fauquier County Circuit Court (6 Court Street, Warrenton, VA 20186) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Fauquier County, Virginia?
Custody in Fauquier County is based on the experienced interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Fauquier County J&DR Court handles standalone custody. Fauquier County Circuit Court handles custody within divorce cases.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Fauquier County Circuit Court.
How does a Virginia lawyer defend against annulment charges?
Defense strategies for annulment in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-89.1 to build the strongest possible defense.
What should I do if I am facing annulment charges in Virginia?
If facing annulment charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
How does a Virginia lawyer defend against annulment vs divorce charges?
Defense strategies for annulment vs divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 (grounds for divorce) to build the strongest possible defense.
For more information about family law in Virginia, visit our family law Lawyer VA page. You may also be interested in our Separation Lawyer Madison County or Marital Settlement Agreement Lawyer Orange County pages. For related practice areas, see our LLC Lawyer Fauquier County and Business Estate Planning Lawyer Fauquier County pages.
Last updated: 2026-05-01