QUESTION

Annulment

Asked on Nov 17th, 2019 on Divorce - Virginia
More details to this question:
We were married in Ohio on April 1st 2019, in Ohio can I get an annulment here in VA. Both of us are here now.
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1 ANSWER

Family Law Attorney serving Fairfax, VA
2 Awards
Generally, where a party was married does not dictate the outcome of a case.  In the context of an annulment, this information would be relevant, only if there is a legal defect in the marriage.  As a general rule, the court will first determine whether it has jurisdiction to hear a particular case.  One of the requirements to file an action for annulment in Virginia is residency.  Are you a resident and domiciliary of Virginia? Have you lived in Virginia, with the intent to remain in Virginia for a period of at least 6 months before filing the lawsuit?  If you are able to satisfy the residency requirement, the next question is whether you have a legal basis to request annulment of the marriage? I have reviewed the facts provided in your case and you do not state why you would seek an annulment instead of a divorce.  There are very limited circumstances under which an annulment may be filed. Clients often mistakenly believe that filing an annulment is the proper remedy if they were married for a short period of time. However, this does not provide a proper basis for filing. Lawyers.com offers general information and not legal advice. Legal advice is based on the specific facts in your case as applied to the applicable law.  It is recommended that you confer with an experienced family lawyer in your area to discuss the actual requirements for an annulment, based on the facts in your case.  Lawyers charge a consultation fee, therefore, be prepared to discuss the cost of an initial consultation prior to setting up a meeting to avoid any misunderstandings or confusion.  Best of luck~  
Answered on Nov 18th, 2019 at 7:38 AM

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