Complaint for Annulment — Duress (No Minor Children) - Virginia

COMPLAINT FOR ANNULMENT — DURESS

Before filing: Use this complaint for a marriage entered under duress, with no minor children whose custody or support must be addressed. Va. Code § 20-89.1(C) bars an annulment on this ground if the applicant cohabited with the other party after learning the facts supporting annulment; it also bars a decree if the parties were married for two years before suit was filed. One party must satisfy the six-month Virginia residence and domicile requirement in § 20-97, including any applicable statutory rule for service members or federal employees. Confirm the proper circuit-court venue. Ask the circuit court clerk whether Form CC-1416, Cover Sheet for Filing Civil Actions, is required; if so, select "Annulment." Furnish the clerk the information for the annulment report on the form prescribed by the Board and supplied by the State Registrar, with this complaint or when filing the decree (Va. Code § 32.1-268(A)).

Plaintiff states:

1. Parties, marriage, and court

1. Plaintiff is [FULL NAME], residing at [ADDRESS]. Defendant is [FULL NAME], whose address is [ADDRESS / LAST KNOWN ADDRESS].
2. The parties married on [DATE] in [CITY, STATE OR COUNTRY]. A copy of the marriage record is [ATTACHED AS EXHIBIT A / TO BE SUBMITTED AS THE COURT DIRECTS].
3. [PLAINTIFF / DEFENDANT] was an actual bona fide resident and domiciliary of Virginia when this suit was filed and throughout the six months immediately before filing. That person's residence and domicile during that period were [FACTS AND DATES]. Va. Code § 20-97.
4. This Court has subject-matter jurisdiction under Va. Code § 20-96. Venue in this circuit is proper because [STATE FACTS AND THE APPLICABLE VENUE BASIS].
5. The parties have no minor children together whose custody or support requires an order in this suit. Other pending actions involving the marital status of these parties are [COURT, CASE NUMBER, AND STATUS / NONE].

2. Ground and timely filing

6. Plaintiff seeks annulment under Va. Code § 20-89.1(A) because Plaintiff entered the marriage under duress. Specifically, [IDENTIFY THE THREAT OR COERCIVE ACT, WHO MADE IT, WHEN IT OCCURRED, AND HOW IT PREVENTED FREE CONSENT TO THE MARRIAGE].
7. Plaintiff learned the facts supporting this ground on [DATE]. Since then, Plaintiff [HAS NOT COHABITED WITH DEFENDANT / DESCRIBE ANY CONTACT OR COHABITATION AND WHY IT DOES NOT BAR RELIEF].
8. The parties married on [DATE], and this suit is filed on [DATE], less than two years later. Plaintiff asks the Court to find that § 20-89.1(C) does not bar a decree on the facts proved.

3. Requested decree

9. Plaintiff asks the Court to determine the marriage's status after notice and proof, and to enter a decree of annulment under Va. Code § 20-89.1(A).
10. Plaintiff requests costs as equity and justice may require under Va. Code § 20-99(6). Any other requested relief, with its factual and legal basis, is: [SPECIFY / NONE].

WHEREFORE, Plaintiff asks the Court to annul the marriage, grant the specifically pleaded additional relief if supported, and enter any further order within its authority.

Respectfully submitted,

Signature: ________________________________

Printed name: [________________________________]

Address for notice: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Virginia State Bar number, if represented: [________________]

Date: [__/__/____]

Proof note: Va. Code § 20-99(1)-(2) requires corroboration and directs the court to decide independently of the parties' admissions. Identify a witness or records capable of supporting the ground and residency: [WITNESS OR RECORDS].