A marriage can be annulled because it is void under VA case 20-38.1 and/ or because it is voidable under VA code 20-89.1.

Grounds for Annulment:

1. No license/solemnization - the marriage was performed without the required license.

2. Bigamy - the marriage was entered into prior to the dissolution of an earlier marriage of one of the parties.

3. Incest - the marriage was between relatives forbidden to marry.

4. Lack of capacity-mental infirmity - either of the parties lacked capacity to consent to the marriage at the time it was performed because of mental incapacity or infirmity.

5. Fraud or duress - fraud must be materially affecting the essentials of the marriage.

6. Impotence - natural or incurable impotence existing at the time of entering into the marriage contract (and the other party did not know it).

7. Felony conviction - either party, without knowledge of the other, had been convicted of a felony prior to the marriage.

8. Pregnancy by third party - at the time of the marriage, the wife, without the knowledge of the husband, was with child by a person other than the husband.

9. Pregnancy of a third party - the husband, without the knowledge of the wife fathered a child born to a woman other than his wife within 10 months after the marriage was solemnized.

10. Prior prostitution - either party, without the knowledge of the other, had been a prostitute prior to the marriage.

If the marriage does not meet one of the above then you must obtain a divorce regardless of the length of the marriage, whether you are a service member or any of the other things that you have been told.

Serving Hampton Roads, including Norfolk, Portsmouth, Virginia Beach, Chesapeake, Suffolk, Isle of Wight, Hampton, Newport News, & York County.