Bigamy lawyer Madison County, VA
Facing allegations of bigamy or discovering that a spouse may have been married to someone else when you exchanged vows is an extremely difficult situation. In Virginia, a marriage that is void from the start because one party was already legally married can have serious consequences for both parties—including potential criminal charges and complex family law matters. Law Offices Of SRIS, P.C., founded in 1997, represents clients in Madison County through these challenging cases, drawing on extensive experience in both family law and criminal defense. Mr. Sris, a former prosecutor, and his Of Counsel team can guide you through annulment proceedings, divorce actions that rely on a void marriage, property division, and child custody disputes that often flow from a bigamy finding. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a confidential consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
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ToggleWhat Bigamy Means in Madison County, Virginia
Virginia law treats bigamy—marrying someone while still legally married to another living spouse—as both a criminal offense and a civil wrong that undermines the validity of the second marriage. In Madison County, the General District Court can handle initial criminal charges related to bigamy, while the Madison County Circuit Court (1 Main Street, Madison, VA 22727) has jurisdiction over annulment and divorce proceedings that arise from a bigamous marriage. Mr. Sris and his Of Counsel team appear regularly in both courts, and they understand the local judicial practices and expectations that shape how these matters progress.
Because a bigamous marriage is void from the moment it was entered into—under the legal principle that a marriage is void if one party already had a living spouse—the second spouse may need to seek a judicial declaration of annulment to clarify property rights and custody arrangements. The Office of the Commonwealth’s Attorney in Madison County prosecutes criminal bigamy cases, but the civil side often involves spousal support, equitable distribution of assets, and parenting plans for any children born during the void marriage. Mr. Sris and his Of Counsel are well-acquainted with the interplay between the criminal and civil aspects of bigamy allegations, and they can address both while keeping the client’s overall interests at the center of the representation.
How Mr. Sris and His Of Counsel Handle Bigamy Cases
Every bigamy matter is unique. Law Offices Of SRIS, P.C. takes a comprehensive approach that starts with a careful review of the facts: the timing of the prior marriage, whether the prior marriage had been dissolved or annulled before the second ceremony, and whether the client knew of the prior marriage at the time of the second ceremony—because intent can affect criminal liability as well as civil remedies. Mr. Sris, a former prosecutor, leverages his office’s insight into how the Commonwealth builds criminal cases to develop a defense strategy while simultaneously addressing the family law dimensions.
For a spouse who just learned the marriage is void, the firm can petition the Madison County Circuit Court for an annulment, which legally confirms the marriage never existed. An annulment can simplify property division and remove the need for a divorce under Virginia’s fault grounds. If a divorce is the more practical route—perhaps because the parties have been together for years before discovering the bigamy—the firm can pursue a divorce on grounds that do not require a full year of separation, such as a fault ground under Va. Code § 20‑91. Mr. Sris and his Of Counsel also assist with related custody, child support, and spousal support issues, always working to achieve a favorable outcome without making unrealistic promises about the timeline or result. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing law since 1997. Before founding the firm, he served as a prosecutor, a background that gives him a unique understanding of how criminal charges—including bigamy—are handled by the Commonwealth. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. In 2019, Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the legislation that revised Virginia’s equitable distribution statute. That same legislative awareness informs his work on family law cases, including those involving void marriages.
Mr. Sris works alongside a team of Of Counsel attorneys, all of whom are engaged through Excella and bring extensive combined legal experience to the firm’s Madison County practice. While Mr. Sris and his Of Counsel oversee these cases strategy, the Of Counsel team contributes knowledge of local court procedures and the particularities of family law litigation in Virginia’s rural Piedmont region. Because Law Offices Of SRIS, P.C. is a multi-state firm, clients benefit from a breadth of perspective that a single-jurisdiction practice cannot always provide. The firm’s Fairfax Location serves clients in Madison County and the surrounding communities, including Madison, Brightwood, Etlan, Pratts, and Wolftown.
Frequently Asked Questions
Is bigamy a felony in Virginia?
Yes. Under Virginia law, bigamy is a felony offense. The exact classification and potential penalties depend on the specific facts of the case, such as whether the person knew the prior marriage was still in effect. A conviction can carry imprisonment and fines, and a criminal record can affect employment, immigration status, and professional licenses. It is essential to speak with an attorney who understands both the criminal charge and the civil family law consequences. Mr. Sris, a former prosecutor, can evaluate the evidence and advise on the trusted path forward. For a confidential discussion of your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can I get an annulment if my spouse was already married?
A marriage that is void because one party already had a living spouse at the time of the ceremony can be declared void by a Virginia circuit court through an annulment. An annulment is a legal declaration that the marriage never existed. This differs from a divorce, which ends a valid marriage. In Madison County, a petition for annulment is filed in the Circuit Court. The process can involve proving the prior marriage’s validity and that it was never dissolved, which may require documentary evidence. Mr. Sris and his Of Counsel team can help you gather the necessary documentation and present the petition to the court. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your annulment options.
If my marriage is void, how does property division work?
When a marriage is void because of bigamy, the legal framework for dividing property is more complex than in a typical divorce. Virginia courts do not apply the equitable distribution statute in the same way to a marriage that never legally existed. However, a court may still consider the contributions of both parties during the period they lived together, especially if they commingled assets, purchased real estate together, or raised children. A skilled attorney can argue for a fair division of assets and debts. Law Offices Of SRIS, P.C. Regularly handles property disputes arising from void marriages, working to protect clients’ financial interests. To learn more, contact the firm at (888) 437-7747.
Will bigamy affect custody and child support?
Yes, it can. Even if the marriage is void, Virginia courts still decide custody and child support based on the best interests of the child. A parent’s criminal bigamy charge, if any, may be considered by the court only to the extent it affects the child’s welfare or the parent’s ability to provide a stable home. Child support is calculated using the Virginia child support guidelines, which are based on the parents’ combined gross income, regardless of the marriage’s legal status. Mr. Sris and his Of Counsel team can help you navigate custody and support issues in Madison County’s Juvenile and Domestic Relations District Court. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What should I do if I am accused of bigamy?
If you are facing a bigamy accusation, it is important to seek legal counsel immediately. Do not speak with law enforcement or the Commonwealth’s Attorney without an attorney present. The criminal and civil implications can be significant. A lawyer can evaluate whether the prior marriage was still legally intact at the time of the second ceremony and whether any defenses, such as a good-faith belief in a divorce, apply. Mr. Sris’s background as a former prosecutor provides valuable insight into how the Commonwealth builds its case, and he can develop a defense strategy while simultaneously addressing any family law concerns. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for a consultation.
Does Law Offices Of SRIS, P.C. handle cases where bigamy is a fault ground for divorce?
Yes. In Virginia, bigamy can be used as a fault ground for divorce if one spouse entered into the marriage while still legally married to someone else. Under Va. Code § 20‑91, a fault divorce may be granted without the usual separation period. The firm frequently represents clients who seek a divorce on fault grounds and need to prove the other spouse’s prior marriage was never dissolved. This can involve gathering marriage records from other states or countries. Mr. Sris and his Of Counsel bring extensive combined legal experience to these matters, and they work diligently to achieve a favorable outcome. Results may vary. To discuss your situation, call (888) 437-7747.
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Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Law Offices Of SRIS, P.C. is a multi-state law firm with a Fairfax Location that serves clients in Madison County. Consultations are by appointment only. The information on this page is not legal advice. Speak with an attorney about your particular situation. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Of Counsel attorneys are engaged through Excella.
Case results depend on a variety of factors unique to each case.