Virginia Annulment Laws



Code Section
20-38.1; 20-43; 20-45.1, 2; 20-89.1; ยง20-31.1

Grounds
Mentally incapacitated; fraud; duress; impotency; if without other’s knowledge: either convicted of felony before marriage; if without other’s knowledge: wife pregnant by another man, husband fathered another child born within 10 months after marriage; either had been a prostitute; no annulment allowed for fraud, duress, mental incapacity, felony, pregnancy or fathering if parties cohabited after knowledge

Limitations
All actions must be brought within 2 yrs. of marriage

Legitimacy of Children
Children of prohibited marriages are legitimate

Prohibited Marriages
Previous marriage undissolved; between ancestor and descendant, brother and sister, uncle and niece, aunt and nephew (half or whole blood); same sex; bigamous; parties under 18 and have not complied with consent provisions