Bigamy lawyer Near Me

If you are searching for a bigamy lawyer near you, understanding how bigamy affects the validity of a marriage is critical. A marriage entered into while one spouse is still legally married to another person is void from the start under Virginia law. This can create significant family-law issues—annulment, property division, spousal support, and even questions about the legitimacy of children. Law Offices Of SRIS, P.C. represents individuals throughout Virginia, including the Charlottesville area, in family-law matters arising from a bigamous marriage. Mr. Sris, Owner and Founder of the firm, brings extensive experience in family law and leads a team that works toward protecting clients’ rights and clarifying their marital status. For a consultation about your concerns, reach the firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Understanding Bigamy in Virginia Family Law

Bigamy is the act of marrying someone while already being legally married to another living person. In Virginia, a bigamous marriage is void ab initio—meaning it is treated as though it never existed. No court decree is required to render it void, though obtaining a judicial declaration of invalidity can be important for resolving related disputes.

Virginia Code § 18.2-362 defines bigamy as a criminal offense, but the family-law dimension is distinct. The void status of the marriage affects division of property acquired during the union, spousal support, and inheritance rights. Courts in the Commonwealth, including the Circuit Courts, address these issues when parties petition for annulment or seek equitable relief. The firm’s attorneys concentrate their practice on the civil aspects, guiding clients through annulment proceedings, property-settlement negotiations, and motions to clarify marital status. Because Virginia does not recognize common-law marriage, a bigamous union cannot ripen into a valid marriage, and a partner may have no claim to marital property absent a valid marriage. Representation helps ensure that an individual’s rights are accurately presented to the court.

Legal Consequences of a Bigamous Marriage

When a marriage is determined to be bigamous, the legal consequences extend beyond the criminal implications set forth in the Virginia Code. The family-law effects touch on several areas of a person’s life, including financial obligations, parental responsibilities, and future marital prospects. Understanding these consequences can help individuals make informed decisions about how to proceed when they discover that a marriage may be void.

One significant consequence involves the status of children born during a bigamous union. Under Virginia law, children born during a void marriage are not automatically deemed illegitimate. The courts retain jurisdiction to determine custody, visitation, and child support obligations, and a parent may seek these determinations through the Juvenile and Domestic Relations Court or the Circuit Court. The trusted-interest-of-the-child standard applies, and the void nature of the marriage does not relieve a parent of the duty to support their child. Additionally, if one party to a void marriage was unaware that the other was already married—referred to as a putative spouse in some jurisdictions—Virginia courts may consider equitable factors when resolving property disputes, though the putative-spouse doctrine is not formally codified in Virginia statutes.

Another area affected by a bigamous marriage involves estate and inheritance rights. A spouse under a void marriage generally has no statutory right to inherit from the other party under Virginia’s intestacy laws. If one party dies without a will, the surviving partner of a bigamous marriage would not be recognized as a surviving spouse for purposes of inheritance. This can create significant financial hardship, particularly if the parties commingled assets or purchased property together over many years. Estate-planning tools such as wills, trusts, and beneficiary designations may offer some protection, but the void status of the marriage limits the default protections that a valid marriage would provide. Individuals who suspect their marriage may be void should consider reviewing their estate-planning documents and consulting with legal counsel about how to protect their interests.

Tax implications may also arise from a bigamous marriage. The Internal Revenue Service does not recognize a void marriage for purposes of filing joint tax returns. If parties to a void marriage filed jointly in prior tax years, they may need to file amended returns. Virginia state tax treatment generally follows federal treatment in this regard. Additionally, benefits such as Social Security spousal benefits, military retirement benefits, and employer-sponsored health insurance coverage may be affected if the marriage is determined to be void. Each benefit program has its own rules regarding the validity of a marriage, and a judicial declaration of invalidity may trigger review or termination of benefits that were extended based on the purported marriage.

The Annulment Process in Virginia Circuit Courts

Filing for an annulment based on bigamy involves several procedural steps in the Virginia Circuit Court. The petitioner must file a complaint that sets forth the factual basis for the annulment, including details about the prior marriage that renders the current marriage void. The complaint must be filed in the Circuit Court of the county or city where either party resides. Virginia law requires that the defendant be served with process, and if the defendant cannot be located, service by publication may be permitted under certain circumstances after a diligent search has been conducted.

Evidence plays a central role in bigamy annulment cases. The petitioner typically needs to present documentation of the prior marriage—such as a marriage certificate—and evidence that the prior marriage was never dissolved. This may include records from the Virginia Department of Health’s Division of Vital Records, divorce decrees from other jurisdictions, or death certificates if the prior spouse is deceased. In cases involving a foreign divorce, the court may need to determine whether the foreign divorce is entitled to recognition under Virginia law, which follows the principle of comity. A divorce obtained in another country may be recognized in Virginia if it meets certain procedural and jurisdictional standards, but this is a fact-specific inquiry that often requires detailed legal analysis.

After the annulment is granted, the court may also enter orders addressing property division and child-related matters. Because the annulment decree confirms that no valid marriage ever existed, property acquired during the union is not classified as marital property under Virginia’s equitable distribution statute. Instead, the court looks to principles of equity, contract law, and trust law to resolve disputes over jointly held assets. Parties may present evidence of their respective financial contributions, any written agreements between them, and other factors that bear on the fair division of property. For children of the void marriage, the court may enter custody and support orders in the same proceeding or in a separate juvenile and domestic relations matter.

How Mr. Sris and the Firm’s Attorneys Handle Bigamy Cases

When a client contacts Law Offices Of SRIS, P.C. about a potential bigamy situation, the first step is to confirm whether a prior marriage was legally dissolved. The firm’s attorneys review divorce decrees, death certificates, and foreign marriage documents to determine the legal status of any earlier union. If a prior marriage remains valid, the subsequent marriage is void, and the path forward depends on the client’s objectives—seeking an annulment, dividing jointly acquired assets, or protecting parental rights.

Because a void marriage carries no legal force, property division differs from a divorce. The firm helps clients negotiate property settlements or pursues equitable distribution through the court where assets cannot be divided under ordinary divorce statutes. Mr. Sris and the firm’s Of Counsel attorneys appear in Virginia Circuit Courts and Juvenile and Domestic Relations Courts when custody or support of children born during a void marriage is at issue. The firm prioritizes clear communication, ensuring that clients understand how Virginia law applies to their unique circumstances.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings a thorough understanding of courtroom procedure to family-law matters, including cases involving complex marital status questions. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).

The firm’s Of Counsel attorneys work alongside Mr. Sris, contributing extensive combined legal experience. Every attorney has well over a decade of practice experience, and the team collectively handles family-law matters across multiple jurisdictions. Clients benefit from a multi-lawyer approach that draws on diverse backgrounds, including former prosecutors and attorneys with significant litigation experience.

Frequently Asked Questions

What is bigamy under Virginia law?

Bigamy under Virginia law occurs when a person marries another while still legally married to a living spouse, and the subsequent marriage is void at the outset. Even if the second marriage is solemnized in a ceremony, it has no legal effect. The criminal statute, Va. Code § 18.2-362, prohibits the act, but the family-law consequence is that no marital rights attach. A party to a void marriage may not claim equitable distribution or spousal support as a spouse. For family-law purposes, the key step is obtaining a court order that declares the marriage void to clarify property rights and parental status.

How does a bigamous marriage affect property division?

Since a bigamous marriage is void, Virginia’s equitable distribution statute does not apply in the same manner as it would in a divorce. Property acquired jointly during the void marriage may be divided based on principles of resulting trust, unjust enrichment, or an express agreement between the parties. The Circuit Court has authority to resolve property disputes between the individuals, but it does not classify assets as marital or separate in the traditional sense. A lawyer can help structure a settlement or present evidence to the court about each party’s contributions to jointly held property.

Can I get an annulment for a bigamous marriage in Virginia?

Yes, Virginia law permits an annulment when a marriage is void because one party was already married. An annulment decree confirms that the marriage never existed legally. Either party may file a complaint for annulment in the Circuit Court where either party resides. The annulment does not automatically resolve property or custody issues; those must be addressed separately. The court may also address the rights of any children born during the void union, as children of a void marriage are still entitled to support and custody determinations under Virginia law.

Do I need a lawyer for a bigamy-related annulment?

While you may represent yourself, working with an experienced family-law attorney can help you understand the legal requirements and potential complications. Bigamy cases sometimes involve issues of foreign divorce recognition, proof of a prior marriage, or claims that the first marriage was void itself. An attorney can investigate these facts, prepare the necessary affidavits, and appear with you at the annulment hearing. Law Offices Of SRIS, P.C. provides representation in annulment proceedings throughout Virginia, including Charlottesville and surrounding communities.

How do I find a bigamy lawyer near me in Virginia?

Start by searching for a family-law attorney who practices in your local Circuit Court and who has experience with annulment and void-marriage matters. You can verify the attorney’s bar admission through the Virginia State Bar. Many family-law practitioners offer an initial consultation to discuss your situation and explain the annulment process. Law Offices Of SRIS, P.C. serves clients across the Commonwealth; to request a consultation, call (888) 437-7747. The firm’s attorneys appear in courts throughout Virginia, including the courts that serve Charlottesville and Albemarle County.

What defenses exist to a charge of bigamy in Virginia?

Virginia law recognizes several statutory defenses to a bigamy charge, which may also be relevant in family-law proceedings. Under Va. Code § 18.2-362, a person is not guilty of bigamy if the prior spouse has been absent for seven years and is not known to be alive, if the prior marriage has been dissolved by a court of competent jurisdiction, or if the person reasonably believed the prior marriage was void or had been dissolved. Additionally, if a person enters a subsequent marriage after receiving a divorce from the bond of matrimony—even if the divorce was obtained outside Virginia—this may serve as a defense. These defenses are specific to the criminal statute but may provide context in civil annulment proceedings as well.

How long does an annulment based on bigamy take in Virginia?

The timeline for a bigamy-based annulment in Virginia depends on several factors, including court scheduling, whether the case is contested, and the complexity of the evidentiary issues involved. An uncontested annulment where both parties agree on the facts and all necessary documentation is available may be resolved in a matter of weeks to a few months. Contested cases, or those requiring service by publication because the other party cannot be located, may take significantly longer. Cases involving foreign divorce recognition or disputes over property acquired during the void marriage may also extend the timeline. The Circuit Court’s docket in the relevant jurisdiction is another variable that affects how quickly a final hearing can be scheduled.

For additional authoritative information, see Virginia Code Title 20 (Domestic Relations) and Virginia Circuit Courts.

Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Results may vary.