Legal Investigations, Inc.
Providing Professional Investigations since 1973
Legal Investigations Private Detective Services In Arlington, Leesburg, Reston and throughout Maryland and Virginia

Divorce Investigators in Washington DC, Fairfax, Alexandria, Rockville and Throughout Virginia and Maryland

image

Legal Investigations, Inc conducts family law investigations for most of the top attorneys in the metropolitan area. We will be happy to provide you with a free consultation and recommendation for an attorney.


How do I obtain an Annulment in Virginia?

Whether it is from talking with friends, reading news reports, or hearing celebrity gossip, annulments are frequently misunderstood by the party(ies) wishing to obtain one. In Virginia, there are very specific and narrow requirements that must be met for one to obtain an annulment.

They are spilt into two groups, the first being void ab initio marriages. These include:

  • Same sex marriage
  • Bigamous marriage (marrying another while still being married to someone else)
  • Marrying a relative (in Virginia this includes ancestor and descendant; brother and sister whether whole blood, half-blood, or by adoption; and uncles and niece or between aunt and nephew)
  • Underage marriage

The second group includes voidable marriages, these include:

  • Mental and physical incompetence at the time of marriage
  • Marriage to a felon if the other person did not know at time of marriage
  • If one person had been without the knowledge of the other, a prostitute
  • If mother is with child by another person other than the husband at the time of marriage
  • Fraud
  • Duress
  • Sham marriages-so called “Green Card” marriages
  • Marriage in jest (i.e.; Britney Spears)
image

What is the difference between void ab initio marriages and voidable marriages?

Void ab initio marriages are thought to be contrary to public policy and the state has an interest in ending the marital relationship. Support and property rights are generally waived if an annulment is granted on void ab initio grounds, not so with an annulment granted on voidable grounds.

image

Are there any time limits after the marriage that I must comply with to obtain an annulment?

Yes. Generally speaking, you have to file for an annulment within 2 years of the date of marriage or you will be barred from seeking an annulment.

image

What is the legal difference between an annulment and a divorce?

A divorce is the dissolution of a legally valid marriage whereas by granting the annulment, the court is saying that the marriage never existed in the first place.

image

Grounds for Divorce: Virginia
image

Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.

The Grounds for Divorce Are as Follows: (Code of Virginia; Title 20, Section 20-91)

  • No-Fault
    1. Living separate and apart without cohabitation for 1 year, or
    2. Living separate and apart without cohabitation for 6 months if there are no minor children and the spouses have entered into a separation agreement.
  • General
    1. Adultery (including homosexual acts)
    2. Abandonment
    3. Conviction of a felony and imprisonment for 1 year
    4. Cruelty
    5. Willful desertion

If you do not fall under any of the above mentioned grounds for divorce/dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in effect in order to help prevent rash decisions to terminate a marriage.

image

Grounds for Divorce: Maryland
image

Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.

The Grounds for Divorce Are as Follows; (Annotated Code of Maryland; Family Law, Section 7-103)

  • No-Fault
    1. The spouses have voluntarily lived separate and apart for 1 year without interruption or cohabitation and there is no reasonable expectation of reconciliation, or
    2. The spouses have lived separate and apart without interruption for 2 years
  • General
    1. Adultery
    2. Deliberate desertion for 12 months with no chance for reconciliation
    3. Confinement for incurable insanity of at least 3 years
    4. Conviction of a felony or a misdemeanor with at least a 3 year sentence and after 1 year having been served
    5. Cruelty, with no chance for reconciliation
    6. Vicious conduct, with no chance for reconciliation

If you do not fall under any of the above mentioned grounds for divorce/dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in effect in order to help prevent rash decisions to terminate a marriage.

image

Grounds for Divorce: Washington D.C.
image

In order to file for divorce in the District, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdiction rights the case will not be accepted or dismissed. The following requirements are as follows:

Either spouse must be a resident for at least 6 months prior to filing for divorce. All active military members that are stationed in the District are considered residents as long as they have been stationed for at least 6 months. (District of Columbia Code-Title16-Chapter 9-Sections:902).

A divorce will be granted by the court on the following grounds:

  • No-Fault
    1. Mutual voluntary separation without cohabitation for 6 months.
    2. Living separate and apart without cohabitation for 1 year. “Living separate and apart” may be accomplished under the same roof, if the spouses do not share bed or food.
  • Fault
    1. Mutual voluntary separation without cohabitation for 6 months.
    2. Living separate and apart without cohabitation for 1 year are the only grounds for divorce in Washington D.C. (District of Columbia Code-Title 16-Chapter 9-Sections: 904, 905, 906).

If you do not fall under any of the above mentioned grounds for divorce/dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in effect in order to help prevent rash decisions to terminate a marriage.

image
©Copyright 2013 Legal Investigations, Inc. | All Rights Reserved | Investigatons SEO by American Creative
Phone: 800-783-2238