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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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