When Can You Get An Annulment In Virginia?
Divorce is a difficult decision and one that often comes with many questions. In Virginia, deciding to get an annulment instead of a divorce can be just as challenging.
An annulment terminates the legal status of marriage and treats it as if it never happened. However, it is only available under certain circumstances. Understanding when to get an annulment in Virginia is vital for anyone considering their options for ending a marriage.
Grounds For An Annulment In Virginia
Many Virginia residents may consider an annulment as an alternative when faced with the decision of divorce. However, to receive an annulment, couples must meet specific criteria established by the state of Virginia. While grounds for annulment in Virginia are limited, they can provide an essential means of ending a marriage.
Bigamy
In Virginia, one ground for an annulment is bigamy. Bigamy occurs when one person is legally married to two people simultaneously. This act can be considered both a crime and grounds for an annulment in Virginia.
To obtain this kind of annulment, evidence must be presented to show that one of the parties was already married when they entered this new union. The evidence must also demonstrate that either party knew about the other existing marriage when they were wed.
Incest
When two people are married, they expect their wedding to last a lifetime. However, sometimes a marriage ends in divorce. In Virginia, couples can use the process of annulment to dissolve their union if certain conditions are met.
One such condition is incest. This is when two close family members marry each other without knowing it’s illegal and against Virginia law.
Therefore, incestuous marriages are not recognized as legitimate by Virginia and can be grounds for an annulment.
The couple must prove that one or both parties were related by blood at marriage. In some cases, there may have been no knowledge or understanding of this relationship before the ceremony.
Incompetence
Divorce is an emotionally stressful process, but sometimes it is necessary to end a marriage. In Virginia, spouses can file for an annulment instead of a divorce in certain circumstances. One such occasion is when one spouse was not mentally able to understand the marriage due to incompetence.
There must be evidence that a mental disorder or illness existed during the marriage. The evidence should also show that it was severe enough to prevent one party from understanding their obligations under the law.
Underage
Underage marriage is a severe issue in Virginia. The state requires both spouses to be legally married and at least 18 years old.
If one spouse is underage, the marriage could be considered invalid. If you or your partner were under 18 when you married, there might be grounds for an annulment.
An annulment recognizes that the marriage was never valid due to legal requirements not being met. Usually, an annulment based on age can result in a much faster resolution than traditional divorce proceedings.
Prostitution
Another ground for annulment is prostitution. This means that if a marriage was entered into under the agreement of one person providing sex for payment, it is grounds for annulment.
The state of Virginia does not recognize any contract or agreement that involves prostitution as valid. It does not consider a marriage based on the said agreement to be binding either.
Suppose one party paid another party for sexual services before entering the marriage. In that case, this is considered a valid ground for seeking an annulment.
Duress
Virginia allows couples to file for an annulment in specific scenarios. One such scenario is if either party entered the marriage under duress, meaning they were forced into it against their will.
Duress can be defined as any unlawful threats or pressure that causes someone to do something they would not do. In the case of a marriage, one or both parties were coerced into entering into a contract.
Summary
When considering an annulment, it’s important to have the right help. The Irving Law attorneys are a great option for those seeking assistance with looking for grounds for annulment. With years of experience in this area, these lawyers can provide guidance.
They can ensure that all paperwork is properly filed and that you are getting the best possible outcome. Their team of attorneys will take into account all aspects of your case before making any decisions on how to proceed. They will be able to answer any questions you might have and guide you through every step of the process.
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