Bigamy lawyer Virginia Beach, VA
When a marriage is challenged as bigamous, the family law fallout can reshape property rights, child custody, and spousal support overnight. Law Offices Of SRIS, P.C. represents clients in Virginia Beach, Virginia, in family law matters where bigamy is an issue—annulment, equitable distribution, and related proceedings—not criminal defense of a bigamy charge. A bigamous marriage is void as a matter of law, but untangling the practical consequences still requires experienced counsel. Mr. Sris and the firm’s Of Counsel attorneys appear in the Virginia Beach Juvenile and Domestic Relations District Court for support and custody issues and in the Virginia Beach Circuit Court for annulment and property division. To request a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Bigamy Means in Virginia Beach Family Law Matters
Bigamy—entering a marriage while a prior marriage remains undissolved—renders the second marriage void in Virginia. The legal framework matters because a void marriage produces different outcomes than a valid marriage: no equitable distribution of property acquired during the putative marriage, no statutory spousal support entitlement, and distinct custody considerations when children are involved. Virginia courts apply the void-ab-initio doctrine; the second marriage is treated as if it never existed. This does not, however, nullify every consequence. The Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, Building 10B, can hear annulment petitions and determine the status of the marriage. Meanwhile, the Virginia Beach Juvenile and Domestic Relations District Court handles any child custody or support disputes that flow from the relationship.
The specific facts control the outcome. If one party entered the bigamous marriage in good faith—unaware that the other spouse remained legally married—Virginia’s courts may consider equitable relief in property disputes, though the law does not guarantee it. Family law attorneys practicing in Virginia Beach must navigate the intersection of the annulment statute, the trusted-interests-of-the-child standard for custody, and the void-marriage rule. Mr. Sris and the firm’s Of Counsel attorneys focus on preserving what can be preserved: protecting a parent’s relationship with a child, recovering separately owned assets, and ensuring that financial obligations are correctly assigned. The major highways that connect Virginia Beach—I-264, I-64, and the Virginia Beach Expressway—also link the city’s diverse neighborhoods, from Sandbridge to Oceana, and the firm serves clients throughout the region.
How Mr. Sris and His Of Counsel Handle Family Law Cases Involving Bigamy
Every bigamy-related family law case begins with a careful examination of the marriage timeline. The firm’s approach is to gather documentary evidence—marriage certificates, divorce decrees from previous unions, and proof of residency—to establish whether a prior marriage remained legally intact at the time of the second ceremony. Because Virginia law treats a bigamous marriage as void, the primary litigation tools are an annulment action in Circuit Court and, where warranted, a request for the court to clarify the parties’ respective rights to property and any children born during the relationship.
The procedural path often includes filing a complaint for annulment, serving the other spouse, and attending hearings. If the parties accumulated property or incurred joint debts, the court may need to determine how those assets and obligations should be unwound. When children are involved, custody and support issues are resolved under the statutory best-interests factors, as a parent’s rights are not extinguished by the void marriage. Mr. Sris and the firm’s Of Counsel attorneys work to present a complete picture to the court, advocating for a resolution that respects the legal reality of the void marriage while protecting the client’s parental rights and financial interests. The timeline for each matter depends on the court’s calendar and the complexity of the evidence, but the firm’s multi-state experience informs every stage of the process.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since the firm was established in 1997. A former prosecutor, he brings an understanding of how legal investigations unfold, which is especially useful when proving the existence of a prior marriage across jurisdictions. 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 the equitable distribution statute’s treatment of retirement assets. The firm’s Of Counsel attorneys—each an independent practitioner contracting directly with the firm—add further depth to the family law practice. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience. Results may vary.
Frequently Asked Questions
Is bigamy a criminal or a family law matter in Virginia?
Bigamy is a criminal offense under Va. Code § 18.2-362, but it also triggers significant family law consequences, including the void status of the second marriage. Law Offices Of SRIS, P.C. Concentrates on the family law side—filing for annulment, addressing property division, and resolving child custody and support. If criminal charges are pending, the firm can provide a referral to experienced criminal defense counsel while focusing on protecting the client’s family law rights in the Virginia Beach courts.
Can a bigamous marriage be annulled in Virginia Beach?
Yes, a bigamous marriage is void and can be annulled by filing a complaint in the Virginia Beach Circuit Court. Because the marriage is legally void from the start, an annulment declares that it never existed. The court may also address any property or support disputes that arose during the putative marriage. The process involves verifying the prior marriage and the absence of a valid divorce, then presenting the evidence at a hearing.
What happens to property acquired during a bigamous marriage?
Property acquired during a void bigamous marriage is not marital property subject to equitable distribution, but the court may still decide ownership based on general property-law principles. Assets each party brought into the relationship or acquired individually remain their separate property. Jointly titled assets, such as real estate or bank accounts, may be divided by the court under principles of partition or contract. A family law attorney can help trace and document each asset’s ownership to protect a client’s interests.
Do I have parental rights if my marriage was bigamous?
Yes, a parent’s rights to custody and visitation are not negated by the void marriage. Virginia courts determine custody based on the best interests of the child under Va. Code § 20-124.3, considering the relationship with each parent, the child’s needs, and other statutory factors. The Virginia Beach Juvenile and Domestic Relations District Court has jurisdiction over custody and support matters, and a party can petition that court regardless of the marriage’s validity.
How do I prove a prior marriage still exists?
Proving a prior marriage exists requires official records: the original marriage certificate and evidence that the prior marriage was not dissolved by death or divorce. This may include searches of divorce records in the jurisdiction where the prior spouse lived, correspondence with vital records offices, and, in some cases, affidavits from the prior spouse. The firm’s attorneys are experienced in obtaining and presenting such evidence in Virginia Beach courts.
Should I hire a lawyer for a bigamy-related family law case in Virginia Beach?
Because a bigamous marriage creates a unique legal situation—void status that affects property, support, and custody—retaining a family law attorney is a prudent step. An experienced attorney can guide you through the annulment process, protect your parental rights, and help you avoid mistakes that could complicate the resolution. To discuss your situation with Mr. Sris or the firm’s Of Counsel attorneys, call (888) 437-7747.
Additional family law services in Virginia: Fairfax County family law representation · Prince William County family law matters · Loudoun County divorce and custody. For full statutory analysis, see our Virginia family law hub.
Official primary sources: Virginia Code Title 20 (Domestic Relations) · Virginia Beach Circuit Court · Virginia Judicial System
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. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.