How do I file for an annulment?

UPDATED: Oct 1, 2022

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How do I file for an annulment?

I found out recently that my husband never divorced his first wife I live in Virginia and he is in another state. We are not together haven’t been together for 3 years do I need an annulment to move on with my life?

Asked on July 15, 2019 under Family Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you need an annulment: the annulment will void or invalidate the marriage ab initio, or from the very beginning--as if it never happened. You and he will no longer have any connection legally or financially.
Every state has its own procedural rules for filing cases. The best way to proceed is to contact your county's family law court's clerk office and/or look on the court website: you should be able to get instructions. You will need proof of his marriage, you will need something from the state in which he had been married, confirming that his marriage there is still in good standng (i.e. he married and did not divorce).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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