Legal Separation and Annulment in Virginia
Whether Virginia offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: Virginia offers a divorce from bed and board (a form of legal separation), which can be granted for cruelty, reasonable apprehension of bodily hurt, willful desertion, abandonment, or when the parties live separate and apart with at least one intending the separation to be permanent. Va. Code §§ 20-95, 20-107.1
| Legal separation | Virginia offers a divorce from bed and board (a form of legal separation), which can be granted for cruelty, reasonable apprehension of bodily hurt, willful desertion, abandonment, or when the parties live separate and apart with at least one intending the separation to be permanent. A court can also order spousal support in a separate maintenance proceeding. Source: Va. Code §§ 20-95, 20-107.1 |
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| Annulment | Either party may seek an annulment of a marriage that is void or voidable, including for fraud or duress. The aggrieved spouse may also seek an annulment for incurable impotency at the time of marriage, or if, without the other's knowledge, the other spouse had a felony conviction before the marriage, was pregnant by or had fathered a child with someone else around the time of marriage, or had been a prostitute. These voidable-marriage annulments are not available if the applicant continued to live with the other spouse after learning the facts, or if the parties had been married for two years before the suit was filed. Source: Va. Code § 20-89.1 |
Where to get help in Virginia
More Virginia divorce & family law
- Getting a Marriage License in Virginia
- Adopting a Child in Virginia
- Guardianship of a Child or Adult in Virginia
- Establishing Paternity in Virginia
- Changing Your Name in Virginia
- Child Custody Laws in Virginia
- How Child Support Is Calculated in Virginia
- Divorce Records in Virginia
- Alimony and Spousal Support in Virginia
- How to File for Divorce in Virginia
- All Virginia divorce & family law rules
FAQ
Can you get a legal separation in Virginia?
Virginia offers a divorce from bed and board (a form of legal separation), which can be granted for cruelty, reasonable apprehension of bodily hurt, willful desertion, abandonment, or when the parties live separate and apart with at least one intending the separation to be permanent. A court can also order spousal support in a separate maintenance proceeding.
What are the grounds for annulment in Virginia?
Either party may seek an annulment of a marriage that is void or voidable, including for fraud or duress. The aggrieved spouse may also seek an annulment for incurable impotency at the time of marriage, or if, without the other's knowledge, the other spouse had a felony conviction before the marriage, was pregnant by or had fathered a child with someone else around the time of marriage, or had been a prostitute. These voidable-marriage annulments are not available if the applicant continued to live with the other spouse after learning the facts, or if the parties had been married for two years before the suit was filed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.