Many times when it becomes obvious that a marriage is heading towards failure, the question arises whether it would be best to seek an annulment or a divorce. To answer that question, one must first understand how annulment differs from divorce, and the different remedies a court may award upon a divorce vs. upon an annulment.
Many people confuse the legal annulment with a religious annulment. A legal annulment is a determination by the court that the marriage never existed. It can only be granted in a limited number of circumstances that are very rare.
A very small number of marriages may be annulled because they were void ab initio—meaning they were never valid marriages. Those marriages include bigamous and polygamous marriages, incestuous marriages, and underage marriages. See Virginia Code Section 20-38.1. These “void” marriages are deemed to have never legally existed, … Read More »
An annulment is a judicial declaration that a marriage was a nullity from the start, leaving the parties free to remarry as they might after a divorce. A marriage subject to annulment may be classified either as a “void” marriage or a “voidable” marriage.
Void Marriages. A “void” marriage is an absolute nullity in the eyes of the law. It requires neither an annulment proceeding nor a judicial declaration of annulment in order to be void, although parties to a void marriage may still choose to bring an annulment action in order to obtain a judicial declaration that the marriage was void ab initio.
Void marriages in Virginia include:
bigamous and polygamous marriages,
incestuous marriages, and
Voidable Marriages. In contrast to a void marriage, a “voidable” marriage is presumed to be a legally valid marriage until it is annulled by a judicial determination. In order to … Read More »