Bigamy lawyer Chesterfield County, VA
Bigamy—entering into a marriage while still legally married to another person—creates serious family law consequences in Chesterfield County, Virginia. Law Offices Of SRIS, P.C. Concentrates its practice on representing clients in civil family law matters involving bigamous unions. Our experienced attorneys guide clients through annulment, divorce, equitable distribution, and related domestic relations issues that arise when a marriage is void or voidable. The firm does not provide criminal defense for bigamy charges; we handle the family law aspects exclusively. From the Chesterfield County Circuit Court at 9500 Courthouse Road to the Juvenile and Domestic Relations District Court, Mr. Sris and the firm’s Of Counsel attorneys appear in local courts and can discuss your situation. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation.
What Bigamy Means in Chesterfield County, Virginia
A bigamous marriage in Virginia is one in which one spouse was already lawfully married at the time of the later ceremony. Under Virginia law, such a marriage is void ab initio—it carries no legal effect from the moment it was entered into. Chesterfield County residents dealing with a bigamous union often seek a judicial annulment to clarify the marriage’s invalidity and to address any accompanying financial, property, or child-related issues.
The Chesterfield County Circuit Court, located at 9500 Courthouse Road, has jurisdiction over annulment and other family law matters arising from a void marriage. Because the marriage was never valid, the typical divorce grounds in Va. Code § 20‑91 do not apply; instead, the aggrieved party files a complaint for annulment alleging the prior existing marriage. The court can then issue a decree of annulment that declares the marriage void from the beginning. Even after an annulment, however, the court retains authority to make orders concerning property division and spousal support when equity requires, though the analysis differs from the equitable distribution framework used in a valid divorce.
Local practice at the Chesterfield County Court also requires attention to procedural details such as service of process and the presentation of corroborating evidence of the prior marriage. Our firm is familiar with the court’s expectations and works to present the necessary documentation efficiently. For parties who have children together, custody and support matters are heard either in the Circuit Court as part of the annulment or in the Chesterfield County Juvenile and Domestic Relations District Court, where the trusted‑interests‑of‑the‑child standard under Va. Code § 20‑124.3 controls.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Bigamy Cases
Law Offices Of SRIS, P.C. takes a thorough, proactive approach to bigamy‑related family law representation. The process begins with a detailed consultation at which the client’s circumstances—including the date of the later marriage, the status of the prior marriage, and any financial or custodial complications—are fully assessed. Armed with that understanding, the firm’s Of Counsel attorneys, working alongside Mr. Sris, develop a strategy tailored to the client’s objectives, whether that means obtaining a clean annulment, protecting assets, or securing custody and support.
After the initial strategy session, the firm drafts and files the annulment complaint with the Chesterfield County Circuit Court. The Of Counsel team handles all court filings, coordinates service of process, and gathers evidence to prove the existence and validity of the prior marriage, which is the central element of the annulment. When asset division or spousal support is in dispute, the firm marshals financial records and, where appropriate, consults with accountants to present a complete picture to the court. Throughout the process, the attorneys remain accessible to answer questions and to discuss settlement possibilities, guiding the case toward a resolution.
For families with children, the firm addresses custody and support matters head‑on. Because the trusted‑interests factors are the same regardless of the marriage’s validity, the Of Counsel attorneys focus on the child’s stability and parental fitness, advocating for parenting arrangements that serve the child’s needs. Whether the matter is handled in the Circuit Court or in the Juvenile and Domestic Relations District Court, the team draws on decades of Virginia courtroom experience to advance the client’s position.
Results may vary.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings a depth of courtroom experience to every family law case. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His background and commitment to rigorous preparation inform the firm’s approach to complex family law matters, including those involving bigamous marriages.
The firm’s Of Counsel attorneys collectively contribute extensive combined legal experience in Virginia family law. Each Of Counsel attorney is an independent practitioner who works directly with the firm, adding strength in litigation, investigation, and negotiation. Together, Mr. Sris and the firm’s Of Counsel team work to achieve favorable outcomes for clients across Chesterfield County, while understanding that results vary and depend on individual case facts. Contact the firm at (888) 437-7747 to speak about your situation.
Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience. Results may vary.
Frequently Asked Questions
What is the effect of bigamy on a marriage in Virginia?
A bigamous marriage is void from inception—it is as if the marriage never legally existed. Under Virginia law, a marriage entered into while one party has an undissolved prior marriage has no legal effect. The parties are not considered spouses, and the void marriage cannot create any property rights or obligations that would normally arise from a valid marriage. However, a court may still address issues like property division or child custody when equity or statute so requires, and an annulment can provide a formal record of the marriage’s invalidity.
How do I get an annulment for a bigamous marriage in Chesterfield County?
You must file a complaint for annulment in the Chesterfield County Circuit Court. The complaint should name the respondent and allege the existence of a prior undissolved marriage, along with any supporting facts. The petitioner must serve the other party and present evidence—such as a marriage certificate from the prior valid marriage—to prove the void nature of the later marriage. The court may then enter a decree of annulment, declaring the marriage void. Legal guidance can help ensure the complaint is properly drafted and the evidence sufficient.
Can I still get a divorce if my spouse was already married when we wed?
Because a bigamous marriage is void, a divorce is generally not required. Divorce presupposes a valid marriage; since the marriage never existed, courts typically resolve the matter through annulment rather than divorce. However, if parties have acquired joint assets or share children, the Circuit Court may resolve property and custodial issues under equitable principles, sometimes using procedures similar to a divorce. It is important to discuss the full scope of circumstances with an attorney to determine the appropriate legal remedy.
How does bigamy affect property division and spousal support in Virginia?
Because the marriage is void, the standard equitable distribution statute (Va. Code § 20‑107.3) does not directly apply. Courts may nevertheless consider the financial contributions of each party under equitable doctrines. For example, if one partner put money into a jointly‑titled asset or supported the other’s education, the Circuit Court may award a fair adjustment. Spousal support is typically unavailable because no valid marital relationship existed, but limited claims could arise in unusual circumstances. The outcome depends heavily on the specific financial history.
How is child custody handled when a marriage is bigamous?
Child custody and support are determined based on the best interests of the child, without regard to the marriage’s invalidity. The Chesterfield County J&DR District Court or the Circuit Court will apply the ten factors in Va. Code § 20‑124.3, looking at each parent’s relationship with the child, home environment, and capacity to meet the child’s needs. The fact that the marriage was bigamous does not alter a parent’s rights or obligations; both parents remain subject to the same custody and support guidelines as any other unmarried parents. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction.
Do I need a lawyer for a bigamy-related family law case in Chesterfield County?
While you are not required to have an attorney, consulting one can help you avoid procedural missteps and protect your interests. Bigamy cases involve nuanced questions of marriage validity, financial claims, and sometimes custody, and a lawyer familiar with the Chesterfield County courts can present your case effectively. The firm’s familiarity with the local judges, filing procedures, and evidentiary requirements is an advantage. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
Virginia family law statutes: Virginia Code Title 20 (Domestic Relations). Virginia court information: Virginia Judicial System. Chesterfield County Circuit Court: Chesterfield County Circuit Court.
Attorney advertising. Prior results do not guarantee a similar outcome.
Results may vary.
Case results depend on a variety of factors unique to each case.