Bigamy lawyer Albemarle County, VA
Bigamy allegations in Albemarle County, Virginia can disrupt a family, a marriage, and an individual’s future. A person facing a bigamy charge—or grappling with a marriage that is void from the start because a spouse was already married—needs clear guidance through both the civil and criminal dimensions of the matter. Law Offices Of SRIS, P.C. Concentrates its family law practice on resolving these complex situations for clients in Albemarle County and throughout Central Virginia.
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel team represent individuals whose lives have been touched by bigamy allegations. Whether you need an annulment, a divorce founded on a bigamous marriage, or representation related to a criminal investigation, the firm brings extensive combined legal experience to protect your rights. Our Shenandoah location serves clients at the Albemarle County Circuit Court, located at 350 Park Street in Charlottesville. Reach our location at (888) 437-7747 to schedule a confidential consultation about your situation.
What Bigamy Means in Albemarle County, Virginia
In Virginia, bigamy is both a criminal offense and a status that makes a subsequent marriage void from the beginning. The Albemarle County Circuit Court has jurisdiction over annulment actions, divorce proceedings, and equitable distribution disputes that flow from a bigamous marriage, while the Albemarle County Juvenile and Domestic Relations District Court may hear custody and support cases involving children born during the void marriage. Because bigamy sits at the intersection of criminal law and family law, the legal consequences can be far‑reaching: a void marriage cannot create marital property rights, yet the court may still need to divide jointly held assets, determine paternity, and order child support under Virginia’s guidelines.
Albemarle County, anchored by Charlottesville and the University of Virginia, includes Crozet, Earlysville, Ivy, and North Garden. The Sixteenth Judicial District’s local procedures and the expectations of the Circuit Court bench shape how bigamy‑related cases unfold. A party who marries while a prior marriage is still in effect—whether the prior union was dissolved in a foreign jurisdiction, remained legally intact despite separation, or was never formally ended—risks prosecution and a void second marriage. Civil remedies, such as annulment or a separate divorce complaint, may be necessary to untangle the resulting legal and financial knots.
Because Virginia strictly follows the principle that a marriage is void if either party has a living spouse from an earlier undissolved marriage, the court treats any actions taken in reliance on the void marriage—such as buying a home or naming a spouse as a beneficiary—as legally uncertain. Mr. Sris and his Of Counsel work to identify the correct legal status, gather proof of prior divorces or foreign-decrees, and advocate for a resolution that addresses property division, spousal support, and custody in a manner that gives the parties a workable path forward.
How Mr. Sris and His Of Counsel Handle Bigamy Cases
When a client walks into our location with a bigamy concern, the first step is a careful review of the facts: the date of each marriage, the jurisdiction where any earlier divorce was obtained, whether the earlier marriage was ever judicially dissolved, and whether any children were born during the contested union. The team examines marriage certificates, divorce decrees, and, where necessary, foreign apostilled records to determine the legal status of each marriage.
On the civil side, the firm prepares and files a complaint for annulment in Albemarle County Circuit Court, or, if grounds exist, a divorce complaint. The lawyers also address equitable distribution of assets acquired during the void marriage, always seeking a fair outcome under Va. Code § 20‑107.3. If a client faces criminal bigamy charges, Mr. Sris and his Of Counsel coordinate the civil strategy with the criminal defense, leveraging decades of combined courtroom experience to pursue a resolution that seeks to minimize collateral consequences on the client’s family, employment, and immigration status.
The firm’s approach emphasizes thorough investigation. The team works with family law investigators and, when needed, international legal resources to verify foreign divorces. In many cases, a client may have believed a divorce was final when it was not, or may have relied on a faulty foreign decree. By building a complete factual record, Mr. Sris and his Of Counsel position the client to make informed decisions—whether that means negotiating a settlement, seeking a court declaration of void marriage, or defending against criminal charges.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 after serving as a former prosecutor. That prosecutorial experience gives him an intimate understanding of how the Commonwealth builds a bigamy case and what evidence is needed to rebut the state’s allegations. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he personally oversees complex family law matters involving allegations of bigamy. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris is joined by Of Counsel attorneys who bring complementary backgrounds to bigamy matters—including former prosecutors, a former Virginia State Trooper, and litigators with decades of family law trial experience. The Of Counsel team works collectively on Albemarle County bigamy cases, reviewing evidence, challenging documentary proof, and advocating in court. Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary. Mr. Sris and his Of Counsel have documented case results across multiple practice areas since 1997. The firm serves Albemarle County from its Shenandoah location, reachable at (888) 437‑7747.
Frequently Asked Questions
What is bigamy under Virginia law?
Bigamy occurs when a person, while lawfully married to one spouse, goes through a marriage ceremony with another. In Virginia, a marriage is void if either party has a living spouse from a prior marriage that has not been dissolved by death or divorce. The second marriage is treated as never having existed for most civil purposes, although children born during the void marriage are legitimate. The Albemarle County Circuit Court has authority to issue a declaration of void marriage or grant an annulment.
Is bigamy a criminal offense in Albemarle County?
Yes. Virginia criminal law prohibits bigamy. The Commonwealth may bring charges in Albemarle County General District Court or Circuit Court depending on the circumstances. A conviction can carry serious consequences, including incarceration and fines. Moreover, a criminal conviction can influence related family law proceedings, such as custody and spousal support determinations. If you are under investigation or have been charged, it is important to speak with an experienced family law attorney who understands the interplay between the criminal and civil sides of bigamy.
Can a bigamous marriage be annulled in Albemarle County?
Yes. Because a bigamous marriage is void from the beginning, the Albemarle County Circuit Court can enter an annulment decree confirming that the marriage never legally existed. An annulment removes any presumption of marital status, which can be critical for property division, inheritance, and immigration petitions. The process requires filing a complaint, presenting evidence of the prior undissolved marriage, and obtaining a final order. Mr. Sris and his Of Counsel handle annulment proceedings and work to resolve any related custody or support issues simultaneously.
What are the civil consequences of a bigamous marriage?
A void marriage generally does not give rise to marital property rights, so assets acquired during the void union are not subject to equitable distribution as “marital property.” However, jointly owned real estate and bank accounts may still need to be partitioned, and the court may impose a resulting trust or impose an equitable lien to prevent unjust enrichment. Child support and custody are decided based on the best interests of the child under Va. Code § 20‑124.3, regardless of the marriage’s validity.
How can a bigamy lawyer help in Albemarle County?
An attorney familiar with Albemarle County courts can investigate the validity of prior divorces, gather apostilled foreign documents, file the appropriate civil pleadings, and defend against criminal charges. Bigamy matters often involve complex choice‑of‑law issues when a prior marriage was dissolved overseas, or when the second ceremony took place in another state. Mr. Sris and his Of Counsel have the multi‑state and international experience necessary to navigate these cross‑border questions and to represent you in Virginia courts.
What should I do if I am accused of bigamy in Albemarle County?
Do not discuss the matter with anyone other than your attorney. Preserve all documents related to your prior marriage and any divorce or annulment proceedings. A bigamy accusation can arise from a spouse during a divorce or custody dispute, and it is essential to act quickly to protect your legal rights. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to schedule a consultation with a family law attorney who can assess your situation and advise you on the appropriate steps.
Further reading on Virginia law:
Virginia Code § 18.2‑362 (Bigamy) ·
Albemarle County Circuit Court ·
Albemarle J&DR District Court
Related internal pages: Family law practice · Divorce lawyer Albemarle County
Case results depend on a variety of factors unique to each case.