Bigamy lawyer Salem County, NJ
When you need a bigamy lawyer in Salem County, NJ, the family law team at Law Offices Of SRIS, P.C. is prepared to help. Bigamy — the act of marrying one person while still legally married to another — carries serious legal consequences that ripple across annulment, divorce, property division, and child custody. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. Our firm represents individuals throughout Salem County whose family law matters involve allegations or findings of bigamy, working to secure fair outcomes and protect parental rights. If you are facing a family law dispute tied to a potential bigamous marriage, reach our firm at (888) 437-7747 to schedule a consultation.
How Bigamy Affects Family Law Matters in Salem County
New Jersey courts treat bigamy as a void marriage. Under , entering a subsequent marriage while a prior marriage remains valid is a criminal offense, but its family law impact is immediate: a bigamous marriage is void from the start, meaning it creates no legal obligations for spousal support, equitable distribution, or inheritance. The Salem County Superior Court, Chancery Division – Family Part, located at 92 Market Street, Salem, NJ 08079, hears annulment and divorce cases where bigamy is at issue. A spouse who discovers they are in a bigamous marriage may seek an annulment to erase the union, while a divorce may still be prudent to address custody, parenting time, and child support for any children of the relationship. Even if a marriage is void, the court retains jurisdiction over the welfare of the children and may order support based on paternity.
The Family Part follows New Jersey’s equitable distribution framework, but property acquired during a void marriage is not marital property subject to division. However, if a party relied on the purported marriage to their detriment, a court may consider equitable remedies such as palimony or constructive trust claims. Cases involving bigamy often implicate complex factual disputes: whether the prior marriage was legally dissolved, whether a foreign divorce was valid, or whether a spouse intentionally misrepresented their marital status. Our attorneys are experienced in untangling these issues within the Salem County courts.
How Mr. Sris and the Firm’s Of Counsel Handle Bigamy-Related Family Law Cases
Mr. Sris and the firm’s Of Counsel approach every bigamy matter from both a factual investigation and a strategic court-presentation perspective. The team works to establish the validity of the prior marriage, examine jurisdictional issues, and pursue the most appropriate legal remedy — whether an annulment to void the union, a complaint for divorce to resolve custody and support, or a separate paternity action. Because bigamy cases often intersect with immigration status, international marriage records, and financial exploitation, the firm leverages its multi-state practice and experience with cross-border family law to build a comprehensive case.
Throughout the process, the attorneys focus on protecting your interests while minimizing the emotional toll. In Salem County, the Superior Court’s Family Part encourages settlement through a mandatory Early Settlement Panel (ESP), a unique New Jersey procedure where experienced practitioners and former judges evaluate each party’s position and recommend resolution. Our team prepares thoroughly for ESP, Case Management Conferences, and any necessary trial, guiding clients toward constructive outcomes without unnecessary litigation.
About Mr. Sris and the Firm’s Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since founding the firm in 1997. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he brings a former prosecutor’s understanding of the court system to every family law matter. His firsthand trial experience and familiarity with Salem County courts give clients a grounded, practical advocate. Together with the firm’s Of Counsel — experienced family law practitioners who collaborate on complex matters — Mr. Sris ensures each case receives focused attention and thorough preparation.
Reviewed by Mr. Sris, Owner and Founder
Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York
Practicing since 1997
Frequently Asked Questions
What is bigamy under New Jersey law?
Bigamy is the act of marrying someone while legally married to another living spouse. Under , it is a criminal offense, but its main impact in family law is that a bigamous marriage is void from the beginning. This means the second marriage never legally existed, which affects property division, spousal support, and inheritance rights. However, child custody and support issues are still resolved by the Family Part of the Superior Court in Salem County.
Can a bigamous marriage be annulled in Salem County?
Yes, a bigamous marriage can be annulled because it was void from the start. An annulment declares the marriage never validly existed. To obtain an annulment in Salem County, you file a complaint with the Superior Court, Chancery Division – Family Part. The court will require proof that the prior marriage was still valid when the subsequent ceremony occurred. An experienced family law attorney at Law Offices Of SRIS, P.C. can help you gather and present that evidence. Call (888) 437-7747 to discuss your situation.
How does bigamy affect child custody in New Jersey?
The validity of a marriage does not determine parental rights; the court focuses on the best interests of the child. Even if a marriage is void due to bigamy, Salem County judges evaluate custody and parenting time using the 14 statutory factors in . The court will establish paternity if necessary and may order child support based on the New Jersey Child Support Guidelines. A parent’s prior deception regarding marital status may, however, influence the court’s assessment of fitness and credibility.
Is bigamy a crime, and can it affect my family law case?
Yes, bigamy is a criminal offense in New Jersey, but a family law case proceeds independently in the civil court. While the state may bring criminal charges, the Salem County Family Part handles annulment, divorce, and custody disputes. A criminal conviction could, however, be used as evidence in a family law hearing, particularly when a party seeks to show bad faith or misconduct. An attorney who understands both the criminal and family law implications can help you Handling the overlapping issues.
What if my spouse hid a prior marriage — do I have any rights?
If you married someone who was already legally married, you may seek an annulment, and you could also pursue claims for fraud or palimony. Because the marriage is void, equitable distribution does not apply, but you may be entitled to a share of jointly accumulated property under other equitable doctrines. The court can also award child support and custody rights. Our firm helps clients in Salem County evaluate their options when they have been deceived by a bigamous spouse.
How does the Salem County court handle property when a marriage is bigamous?
Because a bigamous marriage is void, no marital property is created; equitable distribution does not apply. Property acquired during the void marriage remains the separate property of the person who earned or titled it. However, if one partner contributed to the acquisition of an asset — for example, by paying toward a mortgage — a claim for unjust enrichment or a constructive trust may be available. The court will examine the specific facts of each case.
Can I get spousal support if my marriage was bigamous?
Generally, no; a void marriage does not create an obligation to pay spousal support under New Jersey’s equitable distribution law. However, in limited circumstances, if the parties believed the marriage was valid and one relied on that belief to their financial detriment, the court may consider palimony if there was a written agreement. An experienced family law attorney can review whether any equitable remedy applies in your case.
What should I do if I suspect my spouse committed bigamy?
Contact an attorney immediately to discuss your legal options and preserve evidence. Gather records of the prior marriage — such as a marriage certificate or divorce decree — and any evidence of the other spouse’s marital history. Avoid confronting your spouse directly, as this could lead to concealment of assets or flight. Our firm can help you investigate and file the appropriate paperwork in Salem County. Call (888) 437-7747 for a confidential consultation.
Does bigamy affect immigration status if one spouse is a foreign national?
Yes, a bigamous marriage is invalid for immigration purposes, which can jeopardize a spouse’s visa or green card petition. U.S. Immigration law requires a valid marriage at the time of adjudication. If an immigration benefit was granted based on a bigamous union, the noncitizen spouse could face removal proceedings. Law Offices Of SRIS, P.C. Collaborates with immigration counsel to address the family law and immigration consequences together. Results may vary.
How long does an annulment based on bigamy take in Salem County?
The timeline for an annulment depends on whether the case is contested and the court’s calendar. If both parties agree that the marriage is void, the process may resolve in a few months. If the defendant contests the annulment or raises jurisdictional challenges, the case could take longer and may involve hearings on the validity of the prior marriage. The Salem County Family Part schedules a case management conference early in the process to set a discovery schedule and move toward resolution.
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Beyond Salem County, these charges are addressed on our statewide page about bigamy in New Jersey.