Bigamy lawyer Fairfax County, VA
If you are confronting a marriage that appears invalid because your spouse was already lawfully married to someone else, the family law attorneys at Law Offices Of SRIS, P.C. Focus on the civil remedies available under Virginia law—annulment, divorce, and related family court matters—not criminal defense of bigamy charges. A bigamous marriage is void from the start under Va. Code § 20‑43, and the innocent spouse may seek an annulment or, where appropriate, a divorce to untangle the legal, financial, and parental consequences. Mr. Sris and his Of Counsel appear in Fairfax County Circuit Court and Fairfax County Juvenile and Domestic Relations District Court on behalf of clients Handling these sensitive issues. Contact Law Offices Of SRIS, P.C. at (888) 437‑7747 to schedule a consultation about your family law matter. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What bigamy means in Fairfax County, Virginia
Under Virginia law, bigamy is the act of marrying one person while still being legally married to another. Although it is also a criminal offense under Va. Code § 18.2‑362, the civil consequence that most directly affects a spouse is found in Va. Code § 20‑43: a marriage that is bigamous at its inception is void and confers no legal rights or obligations upon the parties as a married couple. In Fairfax County, the Fairfax County Circuit Court has exclusive original jurisdiction over annulment and divorce proceedings, while standalone child custody and support matters are typically heard in the Fairfax County Juvenile and Domestic Relations District Court. A person who learns that their spouse was already married can file a complaint for annulment in the Circuit Court, asking the court to declare the marriage void from the beginning. Because the marriage is treated as though it never existed, issues of property division, spousal support, and even legitimacy of children may arise and require careful handling under the equitable‑distribution and best‑interest‑of‑the‑child standards that govern all Virginia family law cases.
The Fairfax County courts serve a diverse population from communities including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, and Springfield. Family law matters remain on the court’s calendar until resolved by agreement or order, and the timeline depends on case complexity and the court’s docket. Mr. Sris and his Of Counsel are familiar with the procedural requirements of the Nineteenth Judicial District and can guide clients through the process of obtaining an annulment or divorce after a bigamous marriage. Because bigamy raises unique questions about the validity of any separation agreement, the treatment of assets acquired during the putative marriage, and the status of children born during the marriage, it is essential to work with counsel who understand both the void‑marriage statute and the broader equitable‑distribution framework.
How Mr. Sris and his Of Counsel handle bigamy‑related family law cases
When a client comes to Law Offices Of SRIS, P.C. with a bigamy‑related family law matter, the first step is a thorough review of the circumstances surrounding the marriage and the previous marriage. The firm’s attorneys identify the most appropriate remedy—typically an annulment—and prepare the necessary pleadings for filing in Fairfax County Circuit Court. If the innocent spouse also needs a divorce for independent grounds, a simultaneous or alternative complaint for divorce may be filed. Throughout the process, the firm works to protect the client’s interests in any property acquired during the void marriage, addresses spousal support claims, and takes steps to establish custody and child support arrangements when children are involved. Mr. Sris and his Of Counsel have handled complex family law matters since 1997 and approach each bigamy case with attention to the evidentiary requirements necessary to prove the prior marriage remains undissolved. Because the marriage is void, the court may require proof of the prior marriage’s validity and its continuing existence at the time of the bigamous ceremony. The firm assists clients in gathering records and presenting a clear factual record.
About Mr. Sris and his Of Counsel team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law throughout Virginia since 1997. A former prosecutor, he brings extensive courtroom experience to matters involving bigamy, annulment, divorce, custody, and equitable distribution. His legislative background includes testifying before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He leads a team of Of Counsel attorneys who contribute over 120 years of combined legal experience with over 4,739 documented firm-wide results. Results may vary.
Frequently Asked Questions
What is bigamy under Virginia law?
Bigamy is the act of marrying someone while still legally married to another person, and in Virginia such a marriage is void from the moment it is performed. Virginia Code § 20‑43 states that all marriages prohibited by law on account of bigamy are void, meaning the bigamous marriage confers no legal rights as a marriage. The innocent spouse can seek an annulment in the Fairfax County Circuit Court to formally establish the marriage’s invalidity. This can be necessary to protect property, clarify parental rights, and avoid future liability. The criminal aspects of bigamy are separate and are handled in the General District Court; a family law attorney focusing on civil remedies can help the innocent spouse Handling the annulment process.
Can I get an annulment if my spouse was already married when we wed?
Yes, an annulment is the typical remedy when one party was already married at the time of the ceremony, because the marriage is void from the beginning. In Fairfax County, the annulment petition is filed in the Fairfax County Circuit Court, which has jurisdiction over annulment matters. The court will require evidence that the prior marriage was valid and undissolved at the time of the second ceremony. Once the court grants the annulment, the marriage is treated as if it never existed. This can affect property division, spousal support claims, and child‑related issues, so it is advisable to work with an attorney who can present the evidence clearly and address ancillary matters.
How does bigamy affect child custody in Fairfax County?
Bigamy itself does not automatically determine child custody; instead, the Fairfax County Juvenile and Domestic Relations District Court will apply Virginia’s best‑interest‑of‑the‑child factors under Va. Code § 20‑124.3, just as in any other custody dispute. The court considers the child’s relationship with each parent, each parent’s ability to provide care, and any history of abuse or neglect. Even though the marriage is void, the parents’ rights and responsibilities toward their children are not extinguished. Custody and visitation orders will be based on the child’s wellbeing, not on the validity of the parents’ marriage. An attorney can help frame custody arguments that focus on the statutory factors. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction.
Does bigamy affect property division in Virginia?
Because a bigamous marriage is void, property accumulated during the putative marriage is not classified as marital property under Virginia’s equitable‑distribution statute (Va. Code § 20‑107.3). The court cannot divide property under the typical marital‑property rules, but it may consider equitable remedies to prevent unjust enrichment. If the parties lived together and acquired assets, claims for partition or contribution might be raised in a separate civil action. To protect your financial interests, consult an attorney who can analyze the property acquired during the void marriage and advise on the most appropriate legal path.
Do I need a lawyer for a bigamy annulment in Fairfax County?
While you are not legally required to hire a lawyer, an annulment involving bigamy often presents complex evidentiary and procedural issues that are most effectively handled by an experienced family law attorney. You must prove the existence and continuing validity of the prior marriage, which may involve out‑of‑state or foreign documents, and you must correctly file the complaint in Fairfax County Circuit Court. Mistakes can delay the annulment or cause the petition to be dismissed. Mr. Sris and his Of Counsel have managed family law cases since 1997 and can help you compile the necessary proof and present a clear case to the court.
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Primary sources: Virginia Code Title 20 (Domestic Relations) · Fairfax County Circuit Court · Virginia Judicial System
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.
Beyond Fairfax County, these charges are addressed on our statewide page about bigamy in Virginia.