Virginia Annulment Laws: Grounds, Deadlines and How to File (2026)

Yes. Under Va. Code § 20-89.1, either spouse may file a suit to annul a marriage that is void or voidable, and on proof of nullity the court enters a decree of annulment. Virginia treats some marriages as void outright (§§ 20-38.1, 20-43, 20-45.1(A)) and others as void only once a court says so, and most voidable grounds are barred after two years of marriage or once the filing spouse cohabits after learning the facts (§ 20-89.1(C)).

Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers civil annulment in Virginia under Title 20 of the Code of Virginia, mainly §§ 20-13, 20-31, 20-31.1, 20-38.1, 20-43, 20-45.1, 20-48, 20-89.1, 20-96, 20-97, 20-99, 20-103 and 20-111.1. It does not cover putative-spouse claims, religious annulment, name changes after annulment, or the law of other states. For ending a valid marriage, see Virginia divorce laws.

Can you get an annulment in Virginia?

Yes. Section 20-89.1(A) provides: "When a marriage is alleged to be void or voidable for any of the causes mentioned in § 20-13, 20-38.1, or 20-45.1 or by virtue of fraud or duress, either party may institute a suit for annulling the same; and upon proof of the nullity of the marriage, it shall be decreed void by a decree of annulment."

Virginia also has the opposite action. Under § 20-90, a suit may be brought to affirm a marriage.

Void marriages in Virginia

Some marriages are void in Virginia without any court order. Section 20-45.1(A) states that "All marriages that are prohibited by § 20-38.1 are void," and § 20-38.1 lists these prohibited marriages:

Section 20-43 adds, for bigamous marriages: "All marriages that are prohibited by law on account of either of the parties having a former spouse then living shall be absolutely void, without any decree of divorce or other legal process."

First cousins do not appear on the § 20-38.1 list. Even though a void marriage needs no decree, either spouse may still file under § 20-89.1(A) to have the court declare it void.

Voidable marriages: grounds and bars

A voidable marriage stands until a court annuls it. The table lists each voidable ground and the bars that § 20-89.1(C) applies to it.

The bar in § 20-89.1(C) is strict: "No annulment for a marriage alleged to be void or voidable under subsection B of § 20-45.1 or subsection B of this section or by virtue of fraud or duress shall be decreed if it appears that the party applying for such annulment has cohabited with the other after knowledge of the facts giving rise to what otherwise would have been grounds for annulment, and in no event shall any such decree be entered if the parties had been married for a period of two years prior to the institution of such suit for annulment."

License defects. Section 20-13 requires that "Every marriage in this Commonwealth shall be under a license and solemnized in the manner herein provided." Section 20-31 saves some marriages despite a defect in the officiant's authority or the license: where the marriage was solemnized under a Virginia license by a person professing authority, was otherwise lawful, and was consummated with a full belief that the parties were lawfully married. Section 20-89.1(A) lets either party sue to annul a marriage alleged to be void or voidable under § 20-13. Virginia's highest court has held that "no marriage or attempted marriage, if it took place in this State, can be held valid here, unless it has been shown to have been under a license, and solemnized according to our statutes" (Offield v. Davis, 100 Va. 250 (1902)), so a license or solemnization defect not saved by § 20-31 is not simply a voidable ground. Ask a Virginia lawyer how that applies to a particular ceremony.

Underage marriage in Virginia

Virginia's minimum marriage age is now set out plainly in § 20-48: "The minimum age at which persons may marry shall be 18." That wording came from a 2024 amendment (2024 Acts chapter 737). Before that, 2016 legislation (2016 Acts chapters 457 and 543) set 18 as the minimum age but allowed emancipated minors aged 16 or older to marry.

Section 20-45.1(C) explains what happens to an underage marriage: "All marriages solemnized on or after (i) July 1, 2016, when either or both of the parties were, at the time of the solemnization, under the age of 18 and have not been emancipated as required by § 20-48 or (ii) July 1, 2024, when either or both of the parties were, at the time of solemnization, under the age of 18 shall be void from the time they shall be so declared by a decree of divorce or nullity."

Points to note:

• The marriage is valid until a court declares it void, so a decree is needed.
• The section has an exception for a lawful marriage entered in another state or country before the parties were domiciled in Virginia.
• For marriages entered before July 1, 2024, § 20-89.1(D) provides that a party who was capable of consenting may not sue to annul a marriage with a party who was not capable of consenting under § 20-48.
• The cohabitation and two-year bars in § 20-89.1(C) name subsection B of § 20-45.1, subsection B of § 20-89.1, and fraud or duress. They do not name subsection C, the underage ground. Ask a Virginia lawyer how timing affects an underage-marriage case.

How to file for an annulment in Virginia

Court. Section 20-96 provides: "The circuit court shall have jurisdiction of suits for annulling or affirming marriage and for divorces, and claims for separate maintenance, and such suits shall be heard by the judge as equitable claims."

Residency. Under § 20-97, "No suit for annulling a marriage or for divorce shall be maintainable, unless one of the parties was at the time of the filing of the suit and had been for at least six months preceding the filing of the suit an actual bona fide resident and domiciliary of the Commonwealth." The section also contains presumptions for members of the Armed Forces and for federal employees stationed overseas; those presumptions were expanded by 2026 Acts chapter 469 (HB 1382), effective July 1, 2026.

Evidence. Under § 20-99(1), a court may not grant an annulment on the uncorroborated testimony of the parties, so the grounds need corroborating evidence.

Forms and help. The Virginia Judicial System's Court Self-Help divorce page covers divorce. This page does not cover court forms for an annulment suit; ask the circuit court clerk where you plan to file or a Virginia family lawyer.

Support, custody and property during and after an annulment

While the suit is pending, the court can act. Section 20-103(A) allows pendente lite orders in annulment suits, covering support, custody and exclusive use of the family home, among other things. Under § 20-109.1, an agreement between the spouses may be affirmed and incorporated into a decree entered in a suit for annulment.

Permanent relief is less clear from the statutes. Virginia's equitable distribution statute, § 20-107.3(A), applies "upon decreeing the dissolution of a marriage, and also upon decreeing a divorce from the bond of matrimony," and the spousal support statute, § 20-107.1(A), lists dissolution, divorce, cases where neither party is entitled to a divorce, and separate maintenance. Neither section names annulment. Whether a court can divide property or award ongoing spousal support after an annulment is a question to put to a Virginia family lawyer. For custody rules generally, see Virginia child custody laws.

Children and beneficiary designations

Children. Section 20-31.1 protects children's status: "The issue of marriages prohibited by law, deemed null or void or dissolved by a court shall nevertheless be legitimate."

Beneficiary designations. Under § 20-111.1, a decree of annulment revokes revocable beneficiary designations that name the former spouse in a written contract owned by one party, subject to exceptions in the section. Decrees entered on or after July 1, 2012 must carry a conspicuous notice of this effect. Anyone with life insurance or similar contracts naming a spouse should review them after an annulment.

Name. Virginia's name-restoration section, § 20-121.4, is worded for a divorce from the bond of matrimony. This page does not cover whether or how a former name is restored in an annulment; ask the clerk or a Virginia lawyer.

Annulment vs. divorce in Virginia

A divorce ends a valid marriage; an annulment declares that a marriage was void or is voidable on a ground Title 20 recognizes. If no annulment ground fits, or the two-year bar has passed on a voidable ground, divorce is the usual route; see Virginia divorce laws.

A religious annulment granted by a church and a civil annulment granted by a court are separate processes, and one does not stand in for the other. For copies of marriage and divorce records, see Virginia marriage and divorce records.

Disclaimer: This article provides general legal information about Virginia annulment law under Title 20 of the Code of Virginia, including § 20-89.1. It is not legal advice. The information was last verified on 2026-10-10. For advice about a specific situation, consult a lawyer licensed in Virginia or the clerk of the circuit court.

Related

• Annulment laws in every state
• Virginia divorce laws
• Virginia child custody laws
• Virginia common-law marriage
• Virginia marriage and divorce records

Last updated: 2026-10-10.

Frequently Asked Questions

What are the grounds for annulment in Virginia?

Void grounds are bigamy and the close-relative marriages in Va. Code § 20-38.1. Voidable grounds include mental incapacity, fraud or duress, impotency, a concealed felony conviction, a concealed pregnancy by another person, concealed prior prostitution, and a party under 18 (for marriages from July 1, 2016 if the minor was not emancipated, and for all marriages from July 1, 2024) (§§ 20-45.1(C), 20-89.1).

Is there a time limit to get an annulment in Virginia?

For mental incapacity, fraud or duress and the grounds in § 20-89.1(B), no annulment may be decreed if the parties had been married two years before the suit was filed, or if the filing spouse cohabited after learning the facts (§ 20-89.1(C)).

How long do you have to live in Virginia to get an annulment?

At least six months. Va. Code § 20-97 requires one spouse to have been a bona fide resident and domiciliary of Virginia for six months before the suit is filed.

Can first cousins marry in Virginia?

Va. Code § 20-38.1 does not list first cousins among prohibited marriages. It lists bigamous marriages, ancestor and descendant, siblings, and uncle or aunt with nephew or niece.

Can a 17-year-old get married in Virginia?

No. Va. Code § 20-48 sets the minimum marriage age at 18, and § 20-45.1(C) makes a marriage solemnized on or after July 1, 2024 with a party under 18 (or on or after July 1, 2016 with an unemancipated party under 18) void once a court declares it so.

Are children of an annulled marriage legitimate in Virginia?

Yes. Va. Code § 20-31.1 provides that the issue of marriages prohibited by law, deemed null or void, or dissolved by a court are legitimate.

Can I get an annulment in Virginia if my spouse lied to me?

Fraud is a ground under Va. Code § 20-89.1(A), but § 20-89.1(C) bars the annulment if you cohabited after learning the facts or if the marriage had lasted two years before you filed.