A. When a marriage is alleged to be void or voidable for any of the causes mentioned in § 20-13, 20-38.1, or 20-45.1 or by virtue of fraud or duress, either party may institute a suit for annulling the same; and upon proof of the nullity of the marriage, it shall be decreed void by a decree of annulment.
B. In the case of natural or incurable impotency of body existing at the time of entering into the marriage contract, or when, prior to the marriage, either party, without the knowledge of the other, had been convicted of a felony, or when, at the time of the marriage, either spouse, without the knowledge of the other spouse, was with child by a person other than the other spouse or had conceived a child born to a person other than the other spouse within 10 months after the date of the solemnization of the marriage, or where, prior to the marriage, either party had been, without the knowledge of the other, a prostitute, a decree of annulment may be entered upon proof, on complaint of the party aggrieved.
C. No annulment for a marriage alleged to be void or voidable under subsection B of § 20-45.1 or subsection B of this section or by virtue of fraud or duress shall be decreed if it appears that the party applying for such annulment has cohabited with the other after knowledge of the facts giving rise to what otherwise would have been grounds for annulment, and in no event shall any such decree be entered if the parties had been married for a period of two years prior to the institution of such suit for annulment.
D. For any marriage entered into prior to July 1, 2024, a party who, at the time of such marriage as is mentioned in § 20-48, was capable of consenting with a party not so capable shall not be permitted to institute a suit for the purpose of annulling such marriage.
1975, c. 644; 1976, c. 356; 2016, cc. 457, 543; 2020, c. 900; 2024, c. 737.
Notes of Decisions
Cited in
21
cases (
1 in the last 5 years), 1984–2022 · leading case:
MacDougall v. Levick, 805 S.E.2d 775 (Va. 2017).
MacDougall v. Levick, 805 S.E.2d 775 (Va. 2017).
· cites it 2× “The most problematic statute, in my opinion, is Code § 20-89.1(B), which allows for the annulment of a marriage "where the husband, without knowledge of the wife, had fathered a child born to a woman other than the wife within 10 months after the date of the solemnization of the…”
Faysal M. Zedan v. Sylvie E. Westheim, 729 S.E.2d 785 (Va. Ct. App. 2012).
· cites it 2× “He argues that the trial court never acquired in personam jurisdiction over him and, further, that under Code § 20-99.”
Lewis v. Lewis, 628 S.E.2d 314 (Va. 2006).
· cites it 2× “" Pursuant to Code § 20-89.1(a), a marriage "alleged to be void or voidable for any of the causes mentioned in § .”
Richard S. Levick v. Deborah MacDougall, 782 S.E.2d 182 (Va. Ct. App. 2016).
· cites it 4× “In determining whether the marriage is void ab initio or voidable, Code § 20-89.1 sheds little light on the void/voidable distinction, because it provides that “[w]hen a marriage is alleged to be void or voidable for any of the causes mentioned in §§ 20-13 .”
Shoustari v. Zamani, 574 S.E.2d 314 (Va. Ct. App. 2002).
· cites it 2× “Pursuant to Code § 20-89.1, the trial court entered the requested decree providing the marriage entered into by the parties “is hereby declared a nullity and is determined to be void ab initio.”
Bergaust v. Flaherty, 703 S.E.2d 248 (Va. Ct. App. 2011).
· cites it 2× “For example, Code § 20-89.1(b) addresses suits to annul marriage, and provides in pertinent part, when .”
Gottlieb v. Crouch, 44 Va. Cir. 268 (Arlington Cir. Ct. 1998).
· cites it 7× “Va. Code § 20-89.1; Va. Code § 20-13. If the parties wish to affirm a questionable marriage, they may file suit to affirm the marriage.”
Anne G. Shropshire v. Virginia Ret. Sys., 632 S.E.2d 601 (Va. Ct. App. 2006).
“However, retirement benefits and assets created under this title which are deemed to be marital property pursuant to Chapter 6 (§ 20-89.1 et seq.) of Title 20 may be divided or transferred by the court by direct assignment to a spouse or former spouse pursuant to § 20-107.”
MacDougall v. Levick, 87 Va. Cir. 160 (Fairfax Cir. Ct. 2013).
· cites it 12× “Va. Code § 20-89.1 describes how a party may institute a suit of annulment.”
Deborah MacDougall v. Richard S. Levick (Va. Ct. App. 2016).
· cites it 4× “In determining whether the marriage is void ab initio or voidable, Code § 20-89.1 sheds little light on the void/voidable distinction, because it provides that “[w]hen a marriage is alleged to be void or voidable for any of the causes mentioned in §§ 20-13 .”
Simindokht Jouybari Okhravi v. Masoud Ganji (Va. Ct. App. 2001).
· cites it 4× “" The commissioner also found that the husband sought and obtained comfort, companionship and support while living with wife and studying for his medical examinations.”
— Va. Code Ann. § 20-89.1(B) — 1 case
MacDougall v. Levick, 805 S.E.2d 775 (Va. 2017).
“The most problematic statute, in my opinion, is Code § 20-89.1(B), which allows for the annulment of a marriage "where the husband, without knowledge of the wife, had fathered a child born to a woman other than the wife within 10 months after the date of the solemnization of the…”
— Va. Code Ann. § 20-89.1(a) — 6 cases
Lewis v. Lewis, 628 S.E.2d 314 (Va. 2006).
“" Pursuant to Code § 20-89.1(a), a marriage "alleged to be void or voidable for any of the causes mentioned in § .”
MacDougall v. Levick, 87 Va. Cir. 160 (Fairfax Cir. Ct. 2013).
“Va. Code § 20-89.1 describes how a party may institute a suit of annulment.”
— Va. Code Ann. § 20-89.1(b) — 2 cases
Bergaust v. Flaherty, 703 S.E.2d 248 (Va. Ct. App. 2011).
“For example, Code § 20-89.1(b) addresses suits to annul marriage, and provides in pertinent part, when .”
MacDougall v. Levick, 87 Va. Cir. 160 (Fairfax Cir. Ct. 2013).
“Va. Code § 20-89.1 describes how a party may institute a suit of annulment.”
— Va. Code Ann. § 20-89.1(c) — 1 case
Simindokht Jouybari Okhravi v. Masoud Ganji (Va. Ct. App. 2001).
“" The commissioner also found that the husband sought and obtained comfort, companionship and support while living with wife and studying for his medical examinations.”
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