Bigamy lawyer Poquoson, VA
Bigamy—entering a marriage while still legally married to another person—is a criminal offense in Virginia. When a marriage is discovered to be bigamous, it also triggers serious family law issues: the marriage is void from the start, which can affect property division, spousal support, child custody, and inheritance rights. Law Offices Of SRIS, P.C. Concentrates its family law practice on helping clients in Poquoson and across Virginia navigate the civil consequences that arise when a marriage is found to be void due to a prior undissolved union. Reach our firm at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Our Richmond location serves clients in Poquoson, an independent city along the Chesapeake Bay that is part of Virginia’s Eighth Judicial District. Poquoson Circuit Court handles annulments, divorces, spousal support, and equitable distribution, while the Poquoson Juvenile and Domestic Relations District Court addresses custody, visitation, and child support. Mr. Sris, Owner and Founder of the firm, and the firm’s Of Counsel attorneys bring extensive combined legal experience to bigamy-related family law matters. Results may vary.
On This Page
ToggleWhat Bigamy Means in Poquoson
Poquoson is a tight-knit community where family law disputes often carry a heightened personal dimension. A bigamous marriage—void under Virginia law from the moment it was contracted—can throw property ownership, financial obligations, and parenting arrangements into uncertainty. Our Richmond location represents clients at the Poquoson Circuit Court (located at 500 City Hall Avenue) and the Poquoson Juvenile and Domestic Relations District Court, helping individuals untangle the legal knots created when a marriage is invalid from its inception.
Virginia treats a bigamous marriage as void ab initio; in legal terms, it never existed. That does not mean, however, that the individuals walk away without financial or custodial consequences. Courts still have to classify property, decide whether any form of spousal support is equitable, and determine child custody and support. Because no valid marriage exists, the standard equitable distribution statute—Va. Code § 20-107.3—may apply in a modified way, often through the concept of the “putative spouse.” A person who entered the marriage in good faith, without knowing it was bigamous, may have rights comparable to those of a legally recognized spouse. A local attorney familiar with how the Poquoson Circuit Court handles these cases can make the procedural steps clearer.
The service members and civilian families in the Poquoson area, including those connected to nearby Langley Air Force Base, sometimes face unique bigamy scenarios when a spouse’s previous marriage in another state or country was not fully dissolved. The firm’s multi-state practice is helpful in tracing the validity of foreign divorces and determining which state’s law controls the voidness question.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Bigamy-Related Family Law Matters
Every bigamy case begins by establishing that a prior marriage existed and was never dissolved. Mr. Sris and the firm’s Of Counsel attorneys review marriage records, divorce decrees, and any annulment orders to confirm whether the marriage in question is indeed void. Once that is determined, the focus shifts to protecting the client’s interests—whether the client is the spouse who unknowingly entered the invalid marriage, or the first spouse who seeks to reinforce the validity of the original union.
In Poquoson, the firm files petitions for annulment in the Circuit Court when appropriate, and it addresses any collateral matters such as custody, visitation, and support in the Juvenile and Domestic Relations District Court. Because a void marriage does not trigger the standard fault grounds for divorce, the procedural path is different from a typical divorce. The firm works to achieve favorable outcomes on property division, child custody, and financial support. The timeline varies by case and court scheduling; there is no fixed formula.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to family law matters in Poquoson and throughout Virginia. Results may vary.
The Of Counsel attorneys work independently with the firm, each contributing a depth of experience in family law, criminal law, and civil litigation. Because a bigamy case can raise issues that straddle criminal and civil jurisdictions, having a firm with a strong understanding of both sides helps clients anticipate the full picture. Every client matter receives careful attention, and consultations are by appointment. Reach the firm at (888) 437-7747.
Frequently Asked Questions
Is bigamy a crime in Virginia?
Yes, bigamy is a criminal offense in Virginia, but this page addresses the civil family law consequences that flow from a bigamous marriage. When a marriage is found to be void because one spouse was already married, civil matters such as annulment, property division, spousal support, and child custody still need to be resolved. Law Offices Of SRIS, P.C. Concentrates its family law practice on the civil side. For criminal defense in a bigamy prosecution, a separate defense counsel would be needed, but we can often help coordinate the civil case while the criminal matter proceeds.
Can a bigamous marriage be annulled in Poquoson?
Yes, a bigamous marriage can be annulled in the Poquoson Circuit Court because it is void from the beginning under Virginia law. An annulment proceeding declares that the marriage never legally existed. Unlike a divorce, which ends a valid marriage, an annulment treats the union as a legal nullity. Still, the court may address property acquired during the relationship, determine custody, and order child support. The procedural requirements differ from a divorce petition, so it is important to work with a lawyer familiar with the local court.
What happens to property if my marriage is bigamous?
Because a bigamous marriage is void, standard equitable distribution under Va. Code § 20-107.3 may not automatically apply in the same way it would in a divorce. The Poquoson Circuit Court can still make orders concerning property acquired during the relationship. A spouse who entered the void marriage in good faith—without knowledge of the prior marriage—may be treated as a “putative spouse” and given rights comparable to a legally recognized spouse. In other cases, property division may be decided under general civil-law principles or through an action for partition. Each situation turns on its specific facts.
How is child custody decided in a bigamy case?
Child custody and visitation for children born during a bigamous marriage are decided using the same “best interests of the child” standard that applies in any Virginia custody case (Va. Code § 20-124.3). The invalidity of the marriage does not affect a parent’s right to seek custody or parenting time. The Poquoson Juvenile and Domestic Relations District Court or the Circuit Court, depending on whether the case is part of an annulment action, will consider the child’s needs, each parent’s relationship, and other statutory factors to determine a parenting arrangement that supports the child’s well-being.
Do I need a lawyer for a bigamy-related family law matter?
While you are not legally required to hire a lawyer, bigamy-related family law issues involve complex legal doctrines that affect property, custody, and financial support, and self-representation carries significant risk. A lawyer can help prove the voidness of the marriage, protect your rights to property and support, and ensure that child custody proceedings follow the correct procedural path in Poquoson. The firm offers consultations by appointment. Reach us at (888) 437-7747 to discuss your situation.
Can a spouse who unknowingly married a bigamist receive spousal support?
A spouse who married in good faith without knowing the marriage was bigamous—called a “putative spouse”—may be awarded financial support under certain circumstances. Because the marriage is void, spousal support is not automatic. However, Virginia courts have the inherent authority to do equity, and a judge may order support for a period to allow the innocent spouse to transition. The outcome depends on the length of the relationship, the relative financial circumstances, and whether the innocent spouse would suffer injustice without support.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Virginia Legal Resources
Virginia Judicial System •
Virginia Code Title 20 (Domestic Relations) •
Poquoson Combined 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.