Virginia Divorce Attorney For Smooth Annulment

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Virginia Divorce Attorney

If you are thinking of seeking divorce from your spouse, there are many options available. You would be briefed about them when you consult a Virginia Divorce Attorney . Meeting with a divorce attorney is the first step to be taken while thinking of separation. He is the right person to suggest alternate options such as legal separation, annulment, summary divorce, etc. Based on your situation and other factors like involvement of children and assets, Virginia divorce lawyers can suggest legal course of action that needs to be adopted.

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Annulment

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Annulment is a largely misunderstood topic. The family laws in United States are under state regulation and hence, there are different rules and conditions in different states. There are very few eligibility requirements for obtaining an annulment in Virginia. These are classified into void ab initio marriages and voidable marriages.

Void Ab Initio Marriages

Void ab initio marriages include same sex marriages, marrying within family, bigamous marriage, and underage marriage. Bigamous marriage indicates a marriage when one of the spouses is already legally married. The second marriage can be considered void if bigamy can be proved. In Virginia, if someone marries a relative like your ancestor, descendent, uncle, niece, aunt, nephew, etc., his marriage will not be legally recognized, hence considered eligible for annulment. Marrying a person under the age of 18 years without consent from parents or guardian is considered an offense, and marriage in these cases is annulled. Expert opinion and advice from a Virginia divorce attorney should be sought for legal action to be taken.

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Voidable Marriages

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A Virginia Divorce Lawyers can brief you about voidable marriages that are recognized in Virginia. These include physical inability to consummate marriage, mental incapacity at the time of marriage, either one of the spouses was working as prostitute without knowledge of the other, one of the spouses has been convicted in a felony, fraud, duress, sham marriage, or green card marriage, marriage in jest, and woman bearing child of another man other than the husband at the time of marriage. There are certain differences between the two types of marriages that qualify for annulment in Virginia.

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Divorce Attorney

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Your Virginia divorce attorney is the best person to explain this to you. Marriages through void ab initio are considered against state interest, hence such marital relationships need to be terminated. Under such circumstances, spousal support and marital property rights are not honored, and they are waived if annulment of marriage is granted. On the other hand, granting of annulment on voidable grounds allows marital property to be divided between the couple, and spousal support is provided taking into consideration income of the individuals involved. Children in an annulment retain their legitimate status, and you need services of a Virginia Custody Lawyer to determine issues pertaining to child support, custody, and visitation. The procedures involved are more or less similar to those in a divorce. The only difference is that parents are not divorced but single, since annulment of marriage renders the marriage void and gives back individuals their single status. A Virginia custody lawyer can come to your rescue in such situations.

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