{"id":376901,"date":"2016-03-31T21:37:07","date_gmt":"2016-04-01T02:37:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-annulment-and-prohibited-marriage-laws.html"},"modified":"2023-01-19T10:56:49","modified_gmt":"2023-01-19T15:56:49","slug":"virginia-annulment-and-prohibited-marriage-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-annulment-and-prohibited-marriage-laws.html","title":{"rendered":"Virginia Annulment and Prohibited Marriage Laws"},"content":{"rendered":"\n
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Virginia Annulment and Prohibited Marriage Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Civil annulment is different than divorce. Such annulments essentially "erase" a marriage as if it never existed. In such an annulment, a court rules on the legal validity of that marriage. If a court finds that the marriage is legally invalid, that court is saying that by law that marriage should never have occurred. For example, anyone who enters into marriage as a result of fraud may have that marriage annulled without having to go through divorce court. Similarly, someone whose partner is impotent also has the right to an annulment. States also prohibit some unions, such as marriages between close relatives.<\/p>\r\n

Civil Annulments and Prohibited Marriages in Virginia<\/h2>\r\n

According to Virginia’s laws related to civil annulments and prohibited marriages<\/a>, closely related family members are prohibited from marrying one another. Examples of closely related family members are half- or whole-blood relatives, including siblings and first cousins. The state also prohibits marriage if one of the parties is still married to someone else. However, a federal judge struck down the state’s ban on gay marriage in 2014. Gay marriage became legal in Virginia after the U.S. Supreme Court declined to hear an appeal of the ruling. A subsequent U.S. Supreme Court ruling, 2015’s Obergefell v. Hodges<\/a><\/i> decision, also found that state bans on same-sex marriages are unconstitutional.<\/p>\r\n

Learn more about Virginia annulment and prohibited marriage laws in the section below. See FindLaw’s Marriage Law Overview<\/a> section for additional information.<\/p>\r\n\r\n

Grounds for Annulment<\/p>\r\n<\/th>\r\n

Under relevant state laws (\u00a7 20-89.1<\/a>, \u00a7 20-43<\/a>, \u00a7 20-45.1<\/a>), the following types of marriage are considered legally invalid and qualify annulments:

Time Limits for Obtaining Annulment<\/p>\r\n<\/th>\r\n

All actions must be brought within two years of the marriage.<\/td>\r\n<\/tr>

Legitimacy of Children<\/p>\r\n<\/th>\r\n

Under \u00a7 20-31.1<\/a>, children that are born to marriages that are legally invalid or annulled are considered legitimate.<\/td>\r\n<\/tr>

Prohibited Marriages<\/p>\r\n<\/th>\r\n

Under \u00a7 20-38.1<\/a>, the following types of marriages are prohibited: