Asked in Family Law for Virginia

Q: Found out my marriage is Void Ab Initio.. how do I get a decree from local Judge that confirms this? Form required?

I've seen a form in some areas of Virginia but others not. Is it the same petition form as a divorce?

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2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: I’ve had annulments before, and I’d suppose that’s what this is. It’s either contested or uncontested, but either way, it’s not a form. There may be forms that help you prepare it pro se, but it’s a Complaint. And, if you were defrauded, there may be damages. I’d suggest you start with a lawyer consult.

T. Augustus Claus
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Answered

A: In Virginia, if you've determined that your marriage is void ab initio (meaning it was invalid from the beginning), you can seek a decree confirming this from a local judge. The specific process and forms may vary depending on the jurisdiction within Virginia. You can start by contacting the clerk of the circuit court in your local jurisdiction to inquire about the necessary forms and procedures for obtaining a decree of annulment due to the void nature of the marriage. While annulment forms may share some similarities with divorce forms, they are typically distinct, and the requirements can differ. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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