Can I get an annulment?

Yes, you can get an annulment in Virginia if certain conditions are met. In Virginia, an annulment is a legal process that states a marriage was never valid. To get an annulment in Virginia, one must prove any one of the following: (1) force or fraud was used to get the marriage license, (2) one of the spouses was already married or under the age of 18 when the license was issued, or (3) one of the spouses was mentally incompetent or incapacitated when the license was issued. If any of these conditions are proven, Virginia can grant an annulment, invalidating the marriage. When filing for an annulment, the petitioner must have evidence that shows that the marriage was never valid in the first place. Evidence used in court to obtain an annulment might include witness testimony, birth certificates, marriage licenses, medical reports, photographs, emails, and other documents. Once an annulment is granted, it is as if the marriage never occurred. This means the parties are free to marry again. In addition, the court considers the annulled marriage to have never happened and does not divide any property, debt, or issue any other legal rights or remedies that would be due if the parties were divorced. Finally, there is a strict time limit in Virginia on when an annulment can be sought. An annulment must be filed within one year of the marriage. After that time period, the parties can seek a divorce instead.

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