Bigamy lawyer Chesapeake, VA
In Chesapeake, Virginia, a charge or allegation of bigamy — marrying someone while still lawfully married to another person — can disrupt divorce, annulment, property division, and child custody. Law Offices Of SRIS, P.C. Concentrates its family law practice on the civil consequences of a bigamous union, not criminal defense. Mr. Sris and his Of Counsel represent clients in annulment and divorce proceedings where an existing marriage voids the later one. For a consultation about your specific circumstances, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Bigamy Means in Chesapeake, Virginia
Under Virginia law, a ceremonial marriage entered into while one party has a living, undissolved spouse is void from its inception. Va. Code § 20‑38.1 declares such marriages void without any decree. The bigamous marriage has no legal effect — it creates no marital property, no spousal support obligation, and no right to inherit. Even though the marriage is void, practical family law issues demand court involvement: dividing property the parties accumulated during the relationship, establishing parentage and custody of children born during the bigamous union, and clarifying each party’s legal status. Chesapeake Circuit Court handles annulment, divorce, and equitable distribution matters, while the Chesapeake Juvenile and Domestic Relations District Court addresses custody, visitation, child support, and protective orders. Both courts are located at 307 Albemarle Drive, Chesapeake, VA 23322. Our Richmond Location serves clients throughout Chesapeake, Deep Creek, Great Bridge, and Greenbrier.
When a bigamous marriage is discovered, either party may petition the Circuit Court for a declaration that the marriage is void. A void marriage does not require a traditional divorce, but obtaining a court order confirming the void status helps resolve disputes over property and parental rights. Children born of a bigamous marriage are considered legitimate under Va. Code § 20‑39 if the parents later marry or if the court determines the children are the issue of a marriage that would have been valid but for the prior existing marriage. Because the legal status of children directly affects custody, support, and inheritance, a Chesapeake Circuit Court order is often necessary to protect everyone involved.
How Mr. Sris and His Of Counsel Handle Bigamy-Related Family Law Cases
Mr. Sris and his Of Counsel begin by examining the facts of the prior marriage — whether it was dissolved, annulled, or still in effect — because the validity of the later union hinges on that history. They obtain marriage, divorce, and death records domestically and abroad when the prior marriage occurred outside Virginia. In many cases, the bigamous spouse may not have disclosed the prior marriage, and uncovering that information is part of the factual investigation. Once the firm establishes the legal status of both marriages, they advise the client on whether to seek an annulment, a declaration of void marriage, or, if the prior marriage has since ended, a divorce on appropriate grounds.
The process in Chesapeake Circuit Court involves filing a complaint for divorce or annulment. If the prior marriage is still intact, the subsequent marriage is void, and the court will enter an order declaring it void. The court may also address equitable distribution of property acquired during the void relationship, though the classification of that property under Virginia’s equitable distribution statute (Va. Code § 20‑107.3) turns on whether a valid marriage existed at the time of acquisition. Because there is no valid marital partnership, standard marital-property presumptions do not apply, making these cases fact-intensive. Mr. Sris and his Of Counsel work with forensic accountants and business valuators when substantial assets are at stake, and they represent clients in pendente lite hearings for temporary support and custody while the case is pending. The firm also handles cross-jurisdictional issues when a prior marriage was entered in another state or country, ensuring Chesapeake courts have proper authority to act.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since 1997. He is admitted 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, drawing on 4,739+ documented firm-wide results. Results may vary. The Of Counsel team includes attorneys with backgrounds in prosecution, law enforcement, and child-protective services, all of whom contribute to the firm’s ability to analyze complex family situations and present well-prepared cases in court.
Frequently Asked Questions
What is the civil effect of a bigamous marriage in Virginia?
A bigamous marriage in Virginia is void from the start and produces no marital rights or obligations. Because the union is legally invalid, there is no marital property, no spousal support duty, and no inheritance rights between the parties. However, children born of a bigamous marriage are generally legitimate, and the court can hear custody, support, and property claims brought in connection with the void relationship. A court order declaring the marriage void is often necessary to settle these issues definitively.
Can I get an annulment instead of a divorce if my spouse was already married?
Yes, Virginia law allows an annulment when one spouse had a living, undissolved prior marriage at the time of the later ceremony. Because the second marriage is void, a court will normally grant a declaration of void marriage rather than a divorce. The procedural steps are similar: a complaint is filed in the Chesapeake Circuit Court, and the court hears evidence of the prior marriage. The court may also resolve custody and support issues in the same proceeding or refer them to the Juvenile and Domestic Relations District Court.
How does a bigamous marriage affect child custody and support in Chesapeake?
Custody and support are determined based on the best interests of the child, regardless of the marriage’s validity. The Chesapeake Juvenile and Domestic Relations District Court handles standby custody and support matters under the same Virginia statutes that apply in valid marriages. The court considers each parent’s role, the child’s relationship with each parent, and any history of abuse. Because children born of a bigamous marriage are legitimate, both biological parents have rights and responsibilities.
What happens to property acquired during a bigamous relationship?
Property division follows different rules because there is no marital estate. Since Virginia’s equitable distribution law applies only to valid marriages, assets acquired during the void relationship are not automatically classified as marital property. The court may divide property based on contract principles, contributions, or other equitable remedies. Complex financial tracing is often necessary, and Mr. Sris and his Of Counsel engage appraisers and forensic accountants to protect the client’s interests.
Do I need a lawyer for a bigamy-related family law matter in Chesapeake?
Legal guidance is valuable because bigamy cases involve unique procedural and evidentiary issues that differ from ordinary divorces. Unraveling a void marriage requires proof of the prior union’s existence and validity, which can involve out‑of‑state or foreign records. A lawyer can help you file the proper petition, request pendente lite relief, and protect your parental and financial rights. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
What should I bring to a consultation about a bigamy case?
Bring any marriage certificates, divorce decrees, death certificates of prior spouses, and financial records you have. Also include any documentation related to children, property deeds, bank statements, and correspondence about the prior marriage. The more complete your records, the more efficiently Mr. Sris and his Of Counsel can evaluate your situation. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation.
Related family law services: Fairfax County family law • Fairfax City family law • Falls Church family law • Prince William County family law • Manassas family law
Virginia primary sources: Virginia Code Title 20 (Domestic Relations) • Chesapeake Circuit Court • Virginia Judicial System
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Results may vary.
See also our statewide page on bigamy in Virginia.