Hi, welcome back and thanks for requesting me, and for your patience. Just to let you know, when you want me in particular to discuss an issue with you, if you start your post with "To Alexia Esq." it will likely get to me more directly because my colleagues will know immediately who it is for. But I thank the colleagues who notified me - most kind!
With regard to your post:I have another question for you. Can I have my marriage annualled in the state of VA. Since we cannot get along and he is not a good husband can I have it annualed instead of divorcing again? Ouch - no, I don't see that happening under the facts you have provided me. And if so on what grounds. I know I have had alot of mental anquish and I have been on disability since 2005 and it makes that even rougher. Thanks Unfortunately, this is likely not possible.
In Virginia, a marriage must be "void" or "voidable" to be annulled.
A void marriage would included:
- a marriage while either party is still legally married to another person,
- an incestuous marriage
- an underage marriage.
A Voidable marriage may include:
- mental or physical incompetence on the part of one or both parties
- a marriage made under duress (i.e. force/coercion)
- a marriage under fraudulent circumstances.
Fraud may include, for instance: an undisclosed prior felony conviction, undisclosed history of prostitution, pregnancy of the wife by someone other than the husband without his knowledge, and marriage for the purpose of getting a Green Card.
Here is your statute:
§ 20-38.1. Certain marriages prohibited.
(a) The following marriages are prohibited:
(1) A marriage entered into prior to the dissolution of an earlier marriage of one of the parties;
(2) A marriage between an ancestor and descendant, or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption;
(3) A marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood.
§ 20-43. Bigamous marriages void without decree.
All marriages which are prohibited by law on account of either of the parties having a former wife or husband then living shall be absolutely void, without any decree of divorce, or other legal process.
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§ 20-45.1. Void marriages.
(a) All marriages which are prohibited by § 20-38.1 or where either or both of the parties are, at the time of the solemnization of the marriage, under the age of eighteen, and have not complied with the provisions of § 20-48 or § 20-49, are void.
(b) All marriages solemnized when either of the parties lacked capacity to consent to the marriage at the time the marriage was solemnized, because of mental incapacity or infirmity, shall be void from the time they shall be so declared by a decree of divorce or nullity.
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§ 20-45.2. Marriage between persons of same sex.
A marriage between persons of the same sex is prohibited. Any marriage entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created by such marriage shall be void and unenforceable.
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§ 20-45.3. Civil unions between persons of same sex.
A civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage is prohibited. Any such civil union, partnership contract or other arrangement entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created thereby shall be void and unenforceable.
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§ 20-48. Minimum age of marriage with consent of parents.
The minimum age at which persons may marry, with consent of the parent or guardian, shall be sixteen.
In case of pregnancy when either party is under sixteen, the clerk authorized to issue marriage licenses in the county or city wherein the female resides shall issue a proper marriage license with the consent of the parent or guardian of the person or persons under the age of sixteen only upon presentation of a doctor's certificate showing he has examined the female and that she is pregnant, or has been pregnant within the nine months previous to such examination, which certificate shall be filed by the clerk, and such marriage consummated under such circumstances shall be valid. If any such person under the age of sixteen is a ward of the Commonwealth by virtue of having been adjudicated a delinquent, dependent, or neglected child, instead of the consent of the parent or natural guardian there shall be required the consent of the judge having jurisdiction to control the custody of such person; or, if such person so adjudicated shall have been committed to the Department of Juvenile Justice or to any society, association, or institution approved by it for this purpose, such consent shall be given by some person thereto authorized by the Director of the Department of Juvenile Justice, or by the principal executive officer of such society, association, or institution, as the case may be.
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Unfortunately, the grounds you have necessitate a divorce and won't provide grounds for an annulment.
Sorry this is not the legal result you hoped for - but I hope it clears things up for you as intended. Good luck. You can DO this!
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You can ask for me directly in the future by starting your post with "To Alexia Esq."
Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and presenting your issue to your lawyer if need be. I am an Attorney in the U.S. but I am not your attorney.