Can an annulment be granted if the marriage was less than a year in Virginia?

UPDATED: Oct 2, 2022

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Can an annulment be granted if the marriage was less than a year in Virginia?

Also, if a property was purchased prior to the marriage, does it have to be split
in Virginia?

Asked on October 11, 2019 under Family Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Annulment has nothing to do with the length or duration of marriage. Annulment is for when the marriage was void or invalid from the start, such as because:
* One "spouse" was underage;
* One "spouse" was not mentally competent;
* One "spouse" was at that time already married to another person.
If there was nothing invalidating the marriage at the time it was entered into, you'd need to divorce--you can't get an annulment.
Premarital property generally does NOT need to be divided or split; it is separate, not marital, property.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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