Bigamy lawyer New Kent County, VA

You planned your marriage in good faith, exchanged vows, and started building a life together in New Kent County. Then, something—a distant court record, an old family photo, a financial disclosure—raises the possibility that your spouse was never free to marry you. Discovering a bigamous marriage can upend your understanding of your legal rights, from property division to custody. If you need a bigamy lawyer in New Kent County, Virginia, Mr. Sris and the firm’s Of Counsel attorneys at Law Offices Of SRIS, P.C. can assess whether your marriage is void, seek annulment or a fault‑based divorce, and protect your interests during an unsettling family law matter. Reach the firm at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Bigamy Means for a New Kent County Family

In Virginia, bigamy is the act of marrying while already legally married to another living person. It is a criminal offense, but the immediate concern for a spouse who discovers the bigamous marriage is often the civil fallout. A void marriage means a court may not recognize any marital property, spousal support, or automatic inheritance rights. New Kent County residents served from our Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, by appointment only. The firm’s Of Counsel attorneys appear in the New Kent County Circuit Court at 12001 Courthouse Circle, New Kent, VA 23124, where annulment and divorce proceedings are filed.

Family law matters arising from a bigamous marriage cross multiple practice areas. A spouse may need to establish custody of children born during the union, petition for equitable distribution of property despite the void marriage, or seek spousal support under Virginia’s fault‑based divorce framework. Because New Kent County Circuit Court has exclusive original jurisdiction over divorce and equitable distribution, and the New Kent County Juvenile & Domestic Relations Court handles custody, visitation, and child support, your case could involve both courts. Having a family law attorney who understands this procedural landscape helps you move forward efficiently.

How Mr. Sris and the Firm’s Of Counsel Attorneys Approach Bigamy‑Related Family Law Cases

When you contact Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys first evaluate whether the second marriage is void ab initio or merely voidable, and whether you have standing to bring an annulment. They then assess the civil relief available—often a fault‑based divorce on the ground of adultery under Va. Code § 20‑91(1), which can be triggered by a spouse who entered a marriage while still legally wed. The team prepares a complaint seeking an equitable division of assets acquired during the union, using the eleven factors under Va. Code § 20‑107.3, even if the marriage is ultimately declared void.

The firm’s Of Counsel attorneys also handle the collateral custody and support issues. Through the New Kent County Juvenile and Domestic Relations Court, they can petition for custody orders based on the best interests of the child under Va. Code § 20‑124.3. All proceedings are handled with an eye toward the client’s financial security and parental rights, without unnecessary litigation. The firm’s multi‑state experience, including familiarity with cross‑jurisdictional marriage‑recognition issues, provides a practical advantage if the earlier marriage was contracted outside Virginia.

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 founding the firm in 1997. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), legislation that affected equitable distribution procedure in Virginia—a core component of property division in annulment and divorce cases. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

The firm’s Of Counsel attorneys bring extensive combined legal experience to complex family law matters. The firm’s Of Counsel attorneys, together with Mr. Sris, have documented case results across all practice areas since 1997. Results may vary. Together, they handle bigamy‑related actions before the New Kent County Circuit Court and Juvenile and Domestic Relations Court, maintaining a practical focus on outcomes that protect the client’s long‑term stability.

Frequently Asked Questions

What is bigamy in Virginia?

Bigamy is marrying a person while already legally married to another living spouse. Virginia treats bigamy as a felony offense, but the civil consequences—such as a void marriage, no automatic property rights, and potential annulment—are often the primary legal concern. A bigamous marriage is invalid from the start, and a court may grant an annulment to clarify the parties’ legal status and decide associated child custody or property issues. Because the criminal and civil proceedings are separate, having family law counsel helps protect your parental rights and share of assets. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

Can I get a divorce if my spouse committed bigamy?

Yes, bigamy often supports a fault‑based divorce in Virginia. A spouse who enters a marriage while already legally married may be found to have committed adultery, a ground for divorce under Va. Code § 20‑91(1). Because Virginia recognizes fault grounds, the innocent spouse can file for divorce immediately without waiting for a separation period. The court can also award a greater share of marital property or spousal support when adultery is proven. A New Kent County family law attorney can help you determine whether a divorce or an annulment is the more suitable remedy given your circumstances. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

How is property divided when a marriage is void because of bigamy?

Property acquired during a bigamous marriage may be divided under Virginia’s equitable distribution statute, despite the marriage being void. The court can apply the factors in Va. Code § 20‑107.3 to reach a fair allocation. This can include real estate, retirement accounts, and other assets accumulated during the union. However, because the marriage was never valid, certain presumptions (like marital property classification) require careful handling. The court will consider each party’s contributions, the duration of the relationship, and other equitable factors. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437‑7747.

What should I do if I discover my spouse is already married?

Stop cohabitation, gather any evidence of the prior marriage, and contact a family law attorney right away. Continued cohabitation could complicate your legal position. Preserve marriage certificates, divorce decrees (or proof none exists), and any communications about the situation. Do not transfer joint assets or make unilateral custody decisions before speaking with counsel. An experienced bigamy lawyer can file for annulment or a fault‑based divorce, and seek emergency court orders if needed to protect your financial interests and parenting time. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

Does a child born during a bigamous marriage have legal rights?

Yes, children born during a bigamous marriage retain full legal rights to support and custody. Virginia law does not penalize children for issues surrounding the validity of their parents’ marriage. A court will determine custody and visitation based on the best interests of the child under Va. Code § 20‑124.3, considering the same factors as in any other custody case. Child support is calculated using Virginia’s guidelines based on both parents’ incomes. The firm’s Of Counsel attorneys can assist with custody petitions in the New Kent County Juvenile and Domestic Relations Court to establish a clear parenting plan. To discuss your rights, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

How does a bigamy case affect child support and spousal support?

A bigamous marriage does not eliminate child support obligations, and spousal support may still be awarded under Virginia’s fault‑based divorce laws. Child support is governed by the needs of the child and the parents’ ability to pay, unaffected by the void marriage. Spousal support can be sought in a fault‑based divorce if the innocent spouse can demonstrate financial need and the other spouse’s fault (such as adultery) contributed to the divorce. The court will consider the statutory factors in Va. Code § 20‑107.1. To understand how these laws apply to your situation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437‑7747.

Official Virginia Primary Sources: Va. Code § 20‑107.3 (Equitable Distribution) · Va. Code § 20‑91 (Divorce Grounds) · New Kent County Circuit Court

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Case results depend on a variety of factors unique to each case.

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