Bigamy lawyer Frederick County, VA
If your marriage is invalid because your spouse was already legally married to another person, you need family law representation—not a criminal defense for a bigamy charge. Law Offices Of SRIS, P.C. represents individuals in Frederick County, Virginia, in annulments, divorces, and other family law matters arising from bigamous marriages. Our firm concentrates on protecting your rights concerning property division, spousal support, child custody, and visitation when a marriage is void from the start. The Frederick County Circuit Court hears these civil cases under Virginia law. Reach our location at (888) 437-7747 to schedule a consultation and discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Bigamy Means in Frederick County, Virginia
A bigamous marriage—one where one spouse was already married to a living person at the time of the wedding—is void under Virginia Code § 20‑45.1. Because the marriage is void, it is treated as though it never existed for most legal purposes. However, a formal annulment or legal action is still necessary to clarify property rights, parentage, and financial obligations. In Frederick County, these matters are brought in the Circuit Court, which has jurisdiction over divorce, annulment, and equitable distribution. Law Offices Of SRIS, P.C. Appears regularly in the Frederick County Circuit Court, providing guidance to individuals whose lives are complicated by a spouse’s undisclosed prior marriage.
Annulment of a bigamous marriage may be sought without a separation waiting period because the marriage is void. Still, the process requires presenting admissible evidence of the prior marriage—typically a certified marriage certificate and proof that the earlier marriage was never dissolved. Once the court declares the marriage void, it may then address any issues of child custody, support, and the division of property acquired during the union. Because Virginia is an equitable distribution state, the court may still divide assets and debts in a way that is fair under the circumstances, even when the marriage is void. Virginia law also permits spousal support in some void-marriage situations if one party was an innocent spouse. An experienced attorney can explain how these rules apply to your specific facts.
How Mr. Sris and His Of Counsel Handle Bigamy-Related Family Law Cases
Mr. Sris and his Of Counsel take a structured, thorough approach to family law cases involving bigamy. The process begins with a consultation to learn the facts of your situation, including when and where the marriage and the prior marriage occurred. After confirming key details, the legal team works to obtain the necessary documentary evidence—often from domestic or foreign vital records offices—to support a complaint filed in the Frederick County Circuit Court. The complaint may seek annulment or, if appropriate, a divorce on the ground that the marriage is void, along with requests for residual financial and custody orders.
Throughout the proceeding, Mr. Sris and his Of Counsel advocate for a fair distribution of assets and debts, address any spousal support claims, and work toward parenting arrangements that protect the children’s well-being. The timeline for resolution depends on the court’s calendar and the complexity of the evidence, but the team keeps you informed and works to resolve matters efficiently. All communication is handled with discretion, recognizing the personal sensitivity of discovering a spouse’s prior undisclosed marriage.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has represented clients since 1997. He is a former prosecutor and 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). Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
If my spouse was already married, is my marriage void?
A marriage where one party was already legally married to a living person is void from the start under Virginia Code § 20‑45.1. The void marriage has no legal effect, but you still should obtain a court order of annulment or a divorce decree to formally resolve spousal support, property rights, and child‑related issues. Without a court order, the void marriage can create confusion about ownership of assets purchased together or parental responsibilities. The Frederick County Circuit Court can issue the necessary decree to protect your interests.
Do I need a lawyer to annul a bigamous marriage in Virginia?
You are not required to retain a lawyer to file an annulment in Virginia, but legal guidance helps ensure the process moves smoothly and that all resulting financial and custody issues are addressed. Annulment for bigamy requires proving the prior marriage existed and was not dissolved. Gathering and presenting the proper evidence can be complex, especially if the prior marriage occurred in another state or country. An attorney can also help negotiate interim support or custody orders while the annulment is pending. Contact Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss your options.
How does bigamy affect property division in a Virginia divorce or annulment?
Because the marriage is void, the standard equitable distribution rules for valid marriages do not directly apply, but a court may still divide assets and debts acquired during the union under principles of equity. Virginia courts often treat the relationship as an implied partnership for property acquired through joint effort. An attorney can evaluate which assets are subject to division and present evidence of each party’s contributions. This area of law is fact‑specific, so discussing your situation with experienced counsel is important.
Can a bigamous marriage affect child custody?
Yes—a bigamous marriage does not eliminate a parent’s rights or obligations to a child born during the union. The Frederick County Circuit Court will make custody and visitation decisions based on the best interests of the child, using the same statutory factors that apply to children of valid marriages. Paternity may need to be established if there is a dispute. The court can order child support from a biological or legal parent regardless of the marriage’s validity. If you are concerned about your parental rights after discovering a spouse’s prior marriage, speak with an attorney.
What should I do if I discover my spouse was already married to someone else?
When you learn that your spouse had an undissolved prior marriage, take prompt steps to protect your legal rights. First, do not attempt to resolve the issue informally without legal advice. Gather any available documentation, such as marriage certificates or correspondence that indicates the prior marriage existed. Then consult a family law attorney who can evaluate whether your marriage is void and what remedies are available under Virginia law. Early legal guidance helps you avoid mistakes that could complicate property division, custody, and support determinations.
How do I find a bigamy lawyer in Frederick County, VA?
To find a family law attorney in Frederick County who handles bigamy‑related matters, you can speak with Mr. Sris and his Of Counsel by calling (888) 437‑7747. The firm has appeared in the Frederick County Circuit Court and can explain how Virginia law applies to your situation. During an initial consultation, you can discuss the evidence needed, potential next steps, and what to expect from the process. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, have achieved 4,739+ documented firm-wide results, and concentrate on family law matters, including those involving void or voidable marriages. Results may vary.
Explore related areas of our practice:
Annulment lawyer Frederick County, VA | Divorce lawyer Frederick County, VA | Family law lawyer Frederick County, VA | Child custody lawyer Frederick County, VA
Primary source references:
Virginia Code § 20‑45.1 (Void marriages — bigamy) | Virginia Judicial System | Virginia Code Title 20 (Domestic Relations)
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.
For the statewide picture rather than Frederick County alone, continue to bigamy in Virginia.