Fairfax Annulment Attorneys

Helping You Understand the Annulment Process

Annulments are often misunderstood. Many people believe that an annulment is a quick and easy way to end a marriage. In reality, annulments are only available in limited circumstances and are not always the best option for ending a marriage. If you are considering an annulment, it is important to consult with an experienced family law attorney to understand your options.

At Wexell Milman, we have extensive experience handling annulments and other family law matters. We understand the complexities of the law and can help you determine the best course of action for your situation. Our Fairfax annulment lawyers will guide you through the process and work to protect your interests every step of the way.

For the skilled legal representation you need, call our firm today at (703) 454-5448 or contact us online.

What Is an Annulment?

An annulment is a legal process that declares a marriage null and void. In other words, an annulment is a legal declaration that a marriage is not valid. Unlike a divorce, which is the legal termination of a valid marriage, an annulment is a legal declaration that a marriage was never valid in the first place.

When a marriage is annulled, it is as if the marriage never happened. The parties are not considered to have ever been married, and they do not have the same rights and obligations as a married couple. For example, if a marriage is annulled, the parties do not have the right to inherit from each other, and they do not have the right to receive spousal support.

Annulments are only available in limited circumstances. In general, an annulment is only available if there was a legal defect in the marriage. If the marriage was valid, an annulment is not available, and the parties must seek a divorce to end the marriage.

Legal Grounds for Annulment

Each state has its own laws regarding annulments. In Virginia, an annulment is only available if the marriage is void or voidable. A marriage is void if it is illegal and cannot be legally recognized. A marriage is voidable if it is valid, but there is a legal defect that makes it eligible for annulment.

There are several legal grounds for annulment in Virginia, including:

• One or both parties were under the age of 18 and did not have the consent of a parent or guardian
• One or both parties were mentally incapacitated and did not have the capacity to consent to the marriage
• One or both parties were physically impotent and unable to consummate the marriage
• One or both parties were married to someone else at the time of the marriage
• One or both parties were related by blood or marriage
• One or both parties were fraudulently induced to enter into the marriage

It is important to note that an annulment is not available simply because the parties made a mistake or changed their minds about getting married. If the marriage was valid, an annulment is not available, and the parties must seek a divorce to end the marriage.

How to File for an Annulment

The process for filing for an annulment varies depending on the circumstances of the marriage. In general, an annulment is initiated by filing a petition with the court. The petition must include the grounds for annulment and any supporting evidence.

Once the petition is filed, the other party has the opportunity to respond. If the other party agrees to the annulment, the court will typically grant the annulment. If the other party does not agree to the annulment, the court will hold a hearing to determine whether the marriage is eligible for annulment.

If the court grants the annulment, it will issue an order declaring the marriage null and void. The order will also address any other issues related to the marriage, such as property division, spousal support, and child custody and support.

How Much Does an Annulment Cost?

The cost of an annulment varies depending on the circumstances of the marriage and the complexity of the case. In general, an annulment is less expensive than a divorce because it is a simpler process. However, if the annulment is contested, it can be more expensive because it may require additional court hearings and legal proceedings.

At Wexell Milman, we understand that the cost of an annulment is an important consideration. We offer competitive rates and will work with you to find a payment plan that meets your needs. Our Fairfax annulment lawyers will help you understand the costs involved and will work to keep your costs to a minimum.

How Long Does an Annulment Take?

The length of time it takes to obtain an annulment varies depending on the circumstances of the marriage and the complexity of the case. In general, an annulment is a quicker process than a divorce because it is a simpler process. However, if the annulment is contested, it can take longer because it may require additional court hearings and legal proceedings.

At Wexell Milman, we understand that the length of time it takes to obtain an annulment is an important consideration. We will work diligently to resolve your case as quickly as possible so you can move on with your life. Our Fairfax annulment lawyers will keep you informed throughout the process and will work to resolve any issues that may arise.

How Does an Annulment Affect Children?

When a marriage is annulled, the parties are not considered to have ever been married. As a result, the parties do not have the same rights and obligations as a married couple. For example, if a marriage is annulled, the parties do not have the right to inherit from each other, and they do not have the right to receive spousal support.

However, if the parties have children together, they still have the same rights and obligations as parents. For example, if the parties have children together, they still have the right to seek custody and visitation of the children, and they still have the obligation to support the children.

When a marriage is annulled, the court will address any issues related to the children, such as custody, visitation, and support. The court will make a determination based on the best interests of the children, regardless of whether the marriage is annulled.

How Does an Annulment Affect Property?

When a marriage is annulled, the court will address any issues related to property division. The court will make a determination based on the specific circumstances of the case and the applicable law.

In general, if the marriage is annulled, the court will divide the property based on the principles of equitable distribution. This means that the court will divide the property in a fair and equitable manner, taking into consideration a variety of factors, such as the length of the marriage, the contributions of each party to the marriage, and the needs of each party.

However, if the marriage is annulled, the court may also consider other factors, such as the grounds for annulment and the conduct of the parties. For example, if one party committed fraud to induce the other party to enter into the marriage, the court may award a larger share of the property to the innocent party.

For the skilled legal representation you need, call our firm today at (703) 454-5448 or contact us online.