Bigamy lawyer Arlington County, VA
If you are facing a bigamy-related family law matter in Arlington County, Virginia, Law Offices Of SRIS, P.C. provides representation that addresses both the civil and criminal dimensions of your situation. Bigamy—marrying someone while already legally married to another person—can trigger annulment proceedings, contentious divorce, custody disputes, and property division challenges in the Arlington County Circuit Court, as well as separate criminal prosecution. Mr. Sris and his Of Counsel team represent clients in the civil family law aspects of bigamy cases, working to protect parental rights, financial interests, and personal reputation. The firm also offers criminal defense for those accused of bigamy, drawing on Mr. Sris’s background as a former prosecutor. Whether your concern is protecting your children, securing a fair division of assets, or defending against a criminal charge, our Arlington location assists clients throughout the community, including Arlington, Crystal City, Rosslyn, Clarendon, Ballston, and Pentagon City. 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 Arlington County, Virginia
Under Virginia law, bigamy is a criminal offense defined as entering into a marriage while a prior marriage remains legally valid and undissolved. While the criminal charge is prosecuted in the Arlington County General District Court or Circuit Court, the civil consequences unfold primarily in the Arlington County Circuit Court, which handles divorce, annulment, and equitable distribution, and in the Arlington County Juvenile and Domestic Relations District Court, which oversees child custody, visitation, and support matters. A bigamy allegation can upend a family’s legal standing—the subsequent marriage is void from the start, which affects everything from spousal support claims to inheritance rights.
In Arlington County, a densely populated urban area with a highly mobile professional population, bigamy-related cases sometimes arise from overlooked divorce decrees, international marriages where a prior foreign divorce may not be recognized, or misunderstandings about the finality of a separation. The interplay between family law and criminal law makes these cases particularly complex. For example, a spouse seeking to end a bigamous marriage must determine whether to pursue an annulment or a divorce, each with different legal ramifications for property division and custody. Additionally, Virginia is an equitable distribution state, meaning that even if a marriage is void, the court may still address financial matters if the parties have cohabited and acquired property together. The firm’s familiarity with the Arlington County court system and the procedural requirements of both the Circuit Court and the J&DR District Court helps clients Handling these overlapping legal issues efficiently.
How Mr. Sris and His Of Counsel Handle Bigamy-Related Family Law Cases
When a bigamy issue arises, the first step is often determining the validity of the prior marriage and the legal status of the subsequent union. Mr. Sris and his Of Counsel thoroughly investigate the chain of events—reviewing marriage records, divorce decrees from other states or countries, and any evidence of cohabitation—to build a clear factual picture. This investigation informs whether the appropriate civil remedy is an annulment, which treats the marriage as if it never existed, or a divorce, which may be necessary if the couple has children or acquired significant assets together.
The team then addresses ancillary family law matters: child custody and visitation, child support, spousal support, and division of property. Because a bigamous marriage is legally void, custody and support disputes may involve unique challenges, such as establishing paternity or determining the rights of a putative spouse. The firm works to ensure that the best interests of the child remain the focus, while also advocating for a fair financial outcome. Throughout the process, the attorneys coordinate with any criminal defense strategy to avoid statements in family court that could be used in a criminal proceeding. With a location in Arlington at 1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209, the firm is positioned to appear regularly in Arlington County courts and to provide timely guidance at each stage. Mr. Sris’s prosecutorial background gives him insight into the criminal side, which helps in crafting a comprehensive approach that considers both the immediate family law disputes and the potential criminal exposure.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has concentrated his practice on family law and criminal defense since 1997. A former prosecutor, he brings firsthand knowledge of how the government builds and prosecutes criminal cases, which proves invaluable when a family law matter intersects with a bigamy charge. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), reflecting his engagement with the legislative process affecting family law in the Commonwealth. He and his Of Counsel team collectively bring extensive experience to complex domestic relations cases, working collaboratively to protect clients’ rights in Arlington County and across Northern Virginia.
Frequently Asked Questions
What are the legal consequences of bigamy in Virginia?
Bigamy is a criminal offense in Virginia, and it also renders the subsequent marriage void from its inception, which can have significant civil consequences such as loss of spousal support claims and property rights. Beyond the criminal penalties, a bigamous marriage cannot be recognized for any legal purpose. This means that if a couple separates, the innocent spouse may not be entitled to spousal support or a share of marital property unless they pursue other legal theories, such as a partition action or a claim for unjust enrichment. Child custody and support obligations remain unaffected by the void status of the marriage, however. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. The Arlington County Circuit Court is the venue for annulment and any accompanying equitable relief. Addressing the civil fallout quickly is important to preserve rights.
How does a bigamy accusation affect a divorce in Arlington County?
A bigamy accusation can fundamentally change the divorce process because if the marriage is void, a divorce is legally unnecessary; instead, an annulment is the proper remedy. However, if the parties have minor children or jointly own property, the Arlington County Circuit Court may still need to resolve those issues through a separate proceeding, sometimes treated as a divorce from a putative marriage. The court may apply Virginia’s equitable distribution factors to divide assets acquired during the relationship, and custody and support will be determined under the trusted-interests standard. The presence of a criminal bigamy charge can also influence settlement negotiations and the court’s perception of the accused spouse’s credibility.
Can I get an annulment if my spouse is already married to someone else?
Yes, an annulment is the appropriate legal action when a spouse is already married, as the subsequent marriage is void ab initio—that is, void from the beginning. In Arlington County, you would file a complaint for annulment in the Circuit Court, citing the bigamous nature of the marriage. Unlike a divorce, an annulment does not require proof of grounds like separation or fault; you need only demonstrate that a prior valid marriage existed at the time of the ceremony. Depending on the circumstances, the court may also address child custody, child support, and property division within the same proceeding to avoid multiple filings. An experienced family law attorney can help gather the necessary documentation and present the case effectively.
How is child custody decided when a parent is accused of bigamy?
Child custody is determined by the best interests of the child, and a parent’s bigamy accusation does not automatically disqualify them from custody or visitation. The Arlington County Juvenile and Domestic Relations District Court examines factors such as the child’s relationship with each parent, each parent’s ability to meet the child’s needs, and any history of abuse or neglect. While a bigamy charge may reflect on a parent’s judgment, the court’s primary focus remains the child’s welfare. A parent facing such an accusation should present evidence of their involvement in the child’s life and their commitment to co-parenting. Mr. Sris and his Of Counsel work to ensure that the custody determination is based on the actual facts, not the allegation alone.
Do I need a lawyer for a bigamy-related family law issue in Arlington County?
While not legally required, retaining a lawyer is strongly advisable because bigamy cases involve overlapping criminal and civil issues that are difficult to Handling without professional guidance. The procedural rules in Arlington County’s Circuit Court and J&DR Court are strict, and any misstep—such as missing a filing deadline or making an incriminating statement—can adversely affect both your family law case and your criminal defense. Law Offices Of SRIS, P.C. offers representation that addresses both the immediate family law needs and the potential criminal exposure. To discuss your situation, call (888) 437-7747.
What should I bring to a consultation about a bigamy family law case?
You should bring all marriage certificates, divorce decrees from prior marriages, any court orders related to custody or support, and any documents you have received regarding a criminal charge. Also helpful are financial records such as tax returns, pay stubs, and property deeds, as these will be relevant to property division and support determinations. If you have any written communication with your spouse or their attorney, bring those as well. The more complete the information, the better Mr. Sris and his Of Counsel can assess your legal options and develop a strategy that protects your rights in Arlington County.
Fairfax County Family Law | Prince William County Family Law | Stafford County Family Law | Loudoun County Family Law
Primary Legal Sources: Virginia Code Title 18.2 (Crimes and Offenses) | Virginia Code Title 20 (Domestic Relations) | Virginia Courts
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.
The wider Virginia discussion behind this page is set out on bigamy.